Cincinnati, OH asked in Real Estate Law and Landlord - Tenant for Ohio

Q: Can you evict someone that is not on a lease but has crash on and off at residence for 30 days

There are two people on the lease the other one is saying that I formally have to evict him because he's lived there for 30 days on and off does not have mail delivered there his ID does not show him living there at this point both tenants just want him to leave I need to know if I can give a 7 day notice as he's not on the legal lease or if I have to go the full eviction route and what the cost of that is

1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Landlord Tenant Lawyer
  • Lancaster, OH
  • Licensed in Ohio

A: You could treat the individual as having a non-oral lease on a week to week basis, and that can be terminated by giving a written notice 7 days before the termination date. If he is there after the termination date, you then have to give him a three day notice, file an eviction complaint, and obtain a writ of possession if he refuses to leave.

In the alternative, you could issue a three day notice to your tenants that they are in default of the lease by having a person stay for a period of thirty (30) days. The three day notice will inform the tenants that they will be evicted for having a long term guess. If your tenants are smart they will force the person to leave. If he refuses to leave, they could hopefully get the police involved as the three day notice is a clear indication that he has no right to stay.

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