Columbus, OH asked in Civil Litigation and Real Estate Law for Ohio

Q: Can you file an eviction if there was never a lease?

My dad is in jail and he signed his house over to me. My cousins are currently living there but he told them they have x amount of time to leave. They are saying they aren’t going to leave until a month after said date. Can I file an eviction on them? There was never a lease, just an oral agreement.

1 Lawyer Answer

A: It does not matter if there is no written lease. The person who is named as owner on the deed can evict occupants after giving proper notice, and then filing an eviction action. The court will then schedule an eviction hearing. Check the local court for the notice form to give and the process to file the eviction.

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