Marion, OH asked in Elder Law, Landlord - Tenant and Domestic Violence for Ohio

Q: what grounds are valid to evict my 31-year-old son from my residence? i.e. what do I put on court papers?

my son is living with me because he has a protection order for domestic violence from his wife so he cannot have contact with his wife. he started staying in my home three months ago. Since then I have been verbally and mentally abused by him and have had to call law enforcement for protection three times because I feared for my physical safety. I want him out so that I can feel safe in my own home again. I am a 66-year-old widow. Nothing was put in writing, only verbal agreement between us as to the "rules" of my house. He refuses any civil discussion and flies into angry, screaming rages when I remind him what is acceptable behavior in my house. Nothing is in writing. he does not contribute toward the additional household expenses I have incurred because of his residence (water, sewer, electric, food, etc.) and offers no "rent" money. I need to evict him, but I need to know what to put on the Three Day Notice and the Forcible Entry and Detainer to file with the court.

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

A: You should get a protection order to get him out immediately. If he makes a verbal threat, or actual physical assault, that should be enough. Talk to the police. And then use the Find a Lawyer tab to retain a local real estate attorney to help you deal with the eviction to do it properly and to deal with your son. If you call a locksmith and change the locks, and lock him out, your son could sue you for wrongful eviction - but that would take weeks and would not get him back in. And if he tried to get back in, you could call the police. So do what you must to stay safe from your son. Talk to an attorney at once.

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