Philadelphia, PA asked in Antitrust, Civil Litigation and Small Claims for Ohio

Q: My brother in-law and his gf are staying in my house they where supposed to stay for a few weeks and it been two months.

We called the cops and they said that since they have mail coming in we need to give them a 30 day eviction notice. They are not in the lease, they pay nothing no bills, we are struggling on paying our bills because they consume a lot. We help them find a job and they don’t clean. We didn’t want to get in trouble with or landlord for trying to help someone that now. Won’t leave me and my husband want are home back.

Please help.

1 Lawyer Answer

A: As the police said, only a court-ordered eviction can get them out. Some courts allow a tenant to file an eviction to remove unwanted occupants. But other courts require the landlord to file the eviction. Call your local court to find out if you or your landlord must file the eviction, starting with the the 30 day written notice. The occupants are considered month to month tenants, by the calendar month. So written notice given in September will be effective on October 31. If they are not out on Nov. 1, then a 3 day written notice must be given, and if they do not leave, then the eviction can be filed 3 days later. Talk to your landlord and use the Find a Lawyer tab to retain a local attorney who handles residential evictions.

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