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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33728
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Ok so my mom rented a house from a friend of mine. i moved

Customer Question

ok so my mom rented a house from a friend of mine .
i moved her out that house this past weekend !
now the ex friend said if i don't clean it up and pay for a set of curtains she said we took from her house ( and did not ) she will take legal action and call FAMILY SERVICES on my mom who has custody of her great grandchildren for what i don't know
i don't know but it sounds like BLACKMAIL is this illegal to do
and of course there is more to this story
thank you for the help
J
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Was the house clean when mom moved in?

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Is mother neglecting the grandchildren in any way?

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thanks

Barrister

Customer: replied 1 year ago.
house was clean when she moved in .. all i had to do was clean up kitchen and bathrooms wipe them down the hose was not filled with trashno my mom had counselors one day a week and social workers every 2 weeks for the kids
Expert:  Barrister replied 1 year ago.

Ok, legally she has to return the house in the same condition that she received it in, normal wear and tear excepted. So if it was clean when she received it, she has to return it that way. If there were curtains, then those are the personal property of the landlord and must remain or be replaced.

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With regard to the threat to call Family Services, if there is no legitimate reason for the complaint, and it is only being done to disturb and annoy mother, then this would be slander and harassment and mother could file a formal complaint with the police for the harassment and sue the friend civilly for both slander and harassment and seek punitive damages for their malicious behavior.

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thanks

Barrister

Customer: replied 1 year ago.
i don't think you understand what i'm asking the text i got said ( if you don't comply i will seek legal action and i will call child and family services on your mom ) is this blackmail or not ? and what do i do
Customer: replied 1 year ago.
do you have a ohio lawyers license in ohio ?
and practice here?
Expert:  Barrister replied 1 year ago.

Blackmail (or rather Extortion as it is called in Ohio under ORS 2905.11) is the threat to commit an unlawful act or "utter or threaten any calumny against any person", which is to make a malicious statement about someone with the intent of slandering or defaming their reputation.

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So if there are no grounds for a complaint, then yes, this could be considered Extortion under Ohio law and would be illegal.

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And no, I am not currently located in Ohio.

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With that said, you can tell the person if they file a complaint that is unsubstantiated by Family Services, then you will file a formal complaint for Extortion with the local District Attorney and seek to have them prosecuted for a 3rd degree felony.

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thanks

Barrister