Cuyahoga Falls, OH asked in Landlord - Tenant for Ohio

Q: The monthtomonth is signed with the man, the girlfriend is not named. Now she is in the apt, he is out by restr. order

They both want to pay next month and have the apt, but not together. We want them both to move, and gave the 30 day termination notice to both Lessee and occupants, but who should we accept rent from for the final month? Are we obligated to deal only w/ him as the technical Lessee? If we take her rent, does that obligate us to her in some way? They are current on rent, and no real problems other than undocumented complaints from neighbors, and suspicion of drugs (no real proof), so I think we cannot evict, unless she doesn't move at the end of the termination notice. But they are both offering that final month and hoping for a new lease. Are we on a shaky legal ground here??

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

A: A month to month lease runs on a calendar month if rent is normally due on the 1st. So a 30 day notice terminates the lease on the last day of the month. Notice given now would terminate the lease on Oct. 31. If they are not out on Nov. 1, then give a 3 day notice to vacate, and if they don't leave, file an eviction against the named tenant and all occupants. The named tenant has the right to be there under the lease. But his restraining order might specifically tell him to stay out of that address. If so, then he can't be there even if he does pay rent. Ohio law allows a landlord to evict tenants and occupants on the suspicion of drug activity.

See this link: http://codes.ohio.gov/orc/5321.04v1, Section A(9),which says a landlord shall take action to remove anyone "if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in" drug activity. So you could evict them both now. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation advise you.

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