Columbus, OH asked in Arbitration / Mediation Law and Landlord - Tenant for Ohio

Q: friends homeless asking to stay for 5 days w their belongings in garage, been 25 days no rent.Need to evict them?

no rent , no money exchanged at all. have recorded was only temporary, stole my debit n didn't press charges, do I need to evict them? what about their belonging filling my garage, cannot get to my necessary belongings?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Yes, unfortunately, you must use the proper eviction process. If you don't, they could sue you for wrongful eviction - and they probably would. Give them a 3-day notice for non-payment of rent, and then file for eviction after 3 days. The court might dismiss that, since there was never an agreement to pay rent. And the court could say they are on a month-to-month lease, which can be terminated at the end of a month by giving notice at least 30 days in advance. So in case that eviction case #1 might get dismissed, also give them, at the same time as the 3-day notice, a 30-day notice to leave, terminating their lease as of May 31. Then if eviction #1 gets dismissed, and they don't leave by May 31, then give another 3-day notice on June 1, and then after 3 days, file eviction complaint #2. If the court issues the eviction order, then arrange with the sheriff to move them and their stuff out to the curb. Use the Find a Lawyer tab to consult a local real estate attorney who handles evictions so you follow the proper process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.