Kelly A Rochotte

Kelly Rochotte is an employment and housing practitioner in Cleveland, Ohio. She focuses on assisting clients in navigating the judicial system with strength, diligence, and compassion.

• FaceTime
• Google Meet
• Zoom

• Free Consultation
  Free consultations offered for real estate and foreclosure matters.
• Credit Cards Accepted

Ohio

Supreme Court of Ohio Office of Attorney Services

ID Number: 0102943

Since 2023

Attorney, Employment and Housing Discrimination

Bolek Besser Glesius LLC

2024 - Current

Plaintiff-side employment discrimination, wrongful termination, civil rights, housing discrimination

Attorney, Civil Litigation, Real Estate, Family Law

Vargas Law Co., LPA

2023 - 2024

Litigation Paralegal, Real Estate and Civil Litigation

N.P. Weiss Law

2020 - 2023

Litigation Paralegal, Family, Civil, and Criminal Law

Shindler Neff, LLP

2015 - 2020

University of Toledo College of Law

J.D. (2022) | Law

2018 - 2022

Honors: Trial Practice Honors, 2022 Moot Court Beijing, 2020

University of Toledo

M.A. (2012) | English, Literary Studies

2010 - 2012

Indiana University of Pennsylvania

B.S. (2008) | English, Literature

2004 - 2008

Time Well Spent Honor Society

Legal Aid Society of Cleveland

2024

Received for 40+ hours of pro bono work in the Cleveland legal community for the year 2024.

Federal Bar Association

Member

Current

State Bar of Ohio  # 0102943

Member

2023 - Current

Cleveland Metropolitan Bar Associatiom

Member and Vice Chair, Ethics and Professionalism Committee

2022 - Current

CLE: AI and Opinion 512, Ethics & Professionalism Annual CLE October 2024, Virtual

October 2024

Cleveland Metropolitan Bar Association

Q. Liability for neighbor's tree falling on rental property in Ohio?

April 10, 2025

A: If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high wind, lightning, etc.), your neighbor is not usually liable.

However, as seems to be the issue in your situation, if the tree was clearly dead, diseased, or dangerous (especially if you alerted them), and they failed to take reasonable action, they may be liable for resulting damage.

As the landlord, your legal responsibility would depend on your duty to maintain safe premises for your tenants.

You are not typically liable for damage caused by your neighbor's tree unless you knew (or should have known) of the danger and failed to take steps to prevent foreseeable harm. However, if the tree was obviously dangerous (e.g., large dead limbs hanging directly over the home or walkway), and you failed to take any action (e.g., trim overhanging limbs on your side or warn your tenants), you might be found partially liable, especially if injury occurs.

If a tenant’s personal property is damaged, that's usually not your responsibility, as tenants are generally expected to carry renter’s insurance for their own belongings. But if your negligence contributed (e.g., ignoring a known hazard), they might try to hold you accountable in a suit.

Trim overhanging branches on your side of the property line. In Ohio, this is allowed—even if the tree is rooted on someone else's property—as long as you don’t harm the health of the tree. You did the right thing by alerting them in writing; you can't force them to respond, but you can take reasonable steps to protect your tenant's property (and your house). Document everything: your letter, photos of the tree, past fallen limbs, etc. Take pictures that are clear of the tree in multiple positions, in case an arborist needs to take a look later on.

Follow up with certified mail to the neighbor, restating the concern and requesting action. Mention that a prior limb fell and no response was given. Consider a letter from an attorney if the tree appears to pose a serious danger. Finally, it's a good idea to notify your homeowners insurance carrier so they are aware of the situation up front; they may provide guidance or send an arborist out to evaluate. That way you aren't doing all of that retroactively, after something has already been damaged.

Finally, it's worth looking at your local ordinances regarding tree limbs/property care; not all municipalities have this, but if they do, it will usually be along with the fence and neighboring property rules re setbacks. Best of luck to you. ... Read More

Q. Wrongful termination after overwork and lack of accommodation in MI.

April 10, 2025

A: There is unfortunately not enough information provided here to answer your question fully. Generally speaking, if you never asked for a specific accommodation, or put your employer on notice that you needed one, you would most likely not have a claim that the employer failed to grant it. Your statement that you "had FMLA in place" is not specific enough for response. I would recommend consulting with an employment attorney in your area for further analysis.

Q. Gender discrimination and uncompensated work legal steps?

April 10, 2025

A: Employment discrimination laws are complex and constantly changing, given recent executive orders. More information and details are needed than what you have provided here to fully assess whether you have a viable claim, or not. Depending on certain circumstances, your voluntary resignation from your position may undo any claim you may have had against the employer regarding failure to promote. It is worth consulting with an attorney in your county to see what options you may have.