Barberton, OH asked in Landlord - Tenant for Ohio

Q: In Ohio does my niece need a court order to make her boyfriend move out?

My niece recently had a baby with her boyfriend. He’s lived with her for a little over one year now, but has become increasingly abusive. She wants him to move out. She lived there before they met, his name is not on the lease, there are no bills in his name. The only mail delivered there with his name on it is an insurance statement, but the billing address is different. She’s not denying him visitation with his baby, even though there is not a court order in place for that, she just doesn’t want him living there with her and her other kids anymore. She’s a RN, he’s unemployed and pays zero bills. He has her convinced she has to have him legally evicted because he’s lived there for a year. His clothes are the only items he owns there. Thank you for your help in advance!!!

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1 Lawyer Answer
Nicholas P. Weiss
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  • Landlord Tenant Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Due to the length of time he's been living there, he transitioned at some point from a "guest", which doesn't need an eviction, to a "sub-tenant" who does.

As a practical matter, however, under these facts the likelihood of her getting in trouble for a self-help eviction is low.

The other option, if there is substantiated abuse, is to seek a domestic violence civil protection order. She can likely get one of these without his knowledge on a temporary basis, and then proceed to a full hearing afterwards. The primary benefit of the temporary DVCPO is that he has to move out.

Kelly A Rochotte agrees with this answer

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