Chillicothe, OH asked in Civil Rights, Contracts and Landlord - Tenant for Ohio

Q: No lease, no monthly payments, what can we do to get him out of the house?

My mother went into the hospital last year. While she was there she asked her ex-husband, my father, if he could come by and care for her pets while she was away. He agreed but asked if he could stay there to save on gas. My mom agreed and now he's still there. At first my mom said it was okay because he was helping to pay utilities and was helping her do things around the house that she couldn't. But now she wants him gone. He has completely taken over her house. He has brought in his own animals that aren't house broken like hers are. He's placed his personal belongings throughout the house without permission, moved my mothers personal belongings, and just taken over her home. What does she have to do to legally remove him from the premises? He pays no rent, the only agreement is that he was allowed to be there, not that he had to pay anything. He's already been there for about a year and he needs to go. Will a 30-Day notice be sufficient? Or is more required?

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

A: It's treated like a month to month lease, even though there never was a written lease. It can be terminated at the end of any month by 30 days notice. So give written 30 days notice now, to vacate by May 31. If not out on May 31, then on June 1, give him a 3 day notice to leave. Then file eviction complaint 3 (business) days later, i.e. June 7, to be safe. Use the Find a Lawyer tab to consult a local attorney to assist in case he gets an attorney to fight it.

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