Hamilton, OH asked in Real Estate Law for Ohio

Q: How can I get my mother out of my house she does not have a lease and is not honoring our verbal agreement.

supposed to split all bills. all she has done, increased our utilities. accuses us of stealing. she is extremely paranoid.she has destroyed property. she has broken our washing machine. she has brought roaches into ourhome. she does very sneaky things. my husband and I both are seeing a doctor and are on antidepressant medications. my doctor says she has got to go for my mental well-being.

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1 Lawyer Answer

A: That sounds like a difficult situation. The proper eviction process can take several weeks, and that can create a tense situation before a tenant can be removed. Some landlords don't follow the proper eviction process to remove tenants and lock them out, and the tenant then sues the landlord for wrongful eviction and monetary damages. So start the process by asking her to leave and helping her make other living arrangements. But if she doesn't, then follow the eviction process which requires giving her 30 days' written notice to leave the premises, and if she doesn't leave voluntarily, then give her a 3 day notice, and then file an eviction action in court. If the court orders the eviction, then you must arrange for the sheriff's office to remove her, which might take another week or so to get her out. So the process is lengthy. But an eviction action is a permanent court record that can make it difficult for a tenant to rent from another landlord who checks the records, and most landlords do check. So she might want to avoid that and leave voluntarily. If she makes any threats of physical harm, you can call the police, file a report, and possibly get a civil protection order which will order her out. So that is quicker. Use the Find a Lawyer tab to retain a local real estate attorney who handles residential evictions so the process is done correctly and who can help you through a difficult situation to get her out.

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