o
legal

Legal Fairness for All

Providing Access to Affordable Legal Help Since 2002

Our mission is and always has been to put people in touch with an affordable, reputable lawyer when they need one. We are an affiliate and may be compensated for doing so.

o
o

How to Evict a Family Member in Ohio

It all probably started out well enough. You and your brother, sister, step-son, cousin or other family member asked to become your roommate to share expenses or because he or she needed a place to stay. Everything was fine for awhile, but after time, things started to go downhill and now it's time for your family member to leave. Except he or she won't. So what do you do? How do you evict a family member in Ohio?

o
o

Evicting a Family Member in Ohio is Tricky

A lot of whether or not you can evict a family member really comes down to whether or not he or she is on the lease with you (assuming you are on a lease). There are some other contributing factors, as well, so read on.

o
o

Is Your Family Member on the Lease?

If your family member is on the lease with you, then you have no authority to kick him or her out. That authority lies directly with the landlord, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if your family member is threatening you or is violent toward you. If this is the case, then you can get a restraining order and your family member must leave immediately.

Keep in mind that a family member on the lease with you is actually a co-tenant and has much right to live in the rental space as you do.

What to Do Now?

You can try asking your family member to leave, but this doesn't always work and can lead to more conflict.

If you and your family member signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he or she breaks the agreement, then you probably cannot evict but you can sue for damages in small claims court.

Examples include your brother having loud parties that keep you from getting your work done if you work at home or your cousin not paying his or her share of the utilities.

renters rights

While these situations could be grounds for suing, the risk is that if you sue, you may anger your family member but not enough to make him or her move out.

You can try talking to your landlord to see if he can get your family member to budge, but most landlords are content to leave things be as long as they are getting their rent on time and their property is not being destroyed.

An exception would be if you can show the landlord that your family member is breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a cat when pets are specifically forbidden in the lease.

You have to be careful, though, because your family member could claim that the cat belongs to both of you and your landlord could decide to evict you and your family member. In Ohio, this is particularly true if your lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

Your landlord might be a reasonable person (or corporation), though, and decide to evict only your family member. If this is the case, understand that it will take time. Your landlord must follow the law, which involves giving your family member notice of the eviction and time to remedy the situation.

legal

For example, if the grounds for the eviction are that your family member has a dog and pets are forbidden according to the lease, then your landlord has to give your family member adequate time to find the dog a new home. If your family member does this, then he or she cannot be evicted. He or she can stay in the home and chances are he or she will not be happy with you.

It is possible, too, that your family member may just ignore the eviction notice and decide to stay in the home. In this case, your landlord will have to go to court to ask a judge to tell your family member to go. If the judge agrees, then the sheriff will come to escort your family member out of the property. If, though, your landlord loses in court, then your family member can stay.

Things You Cannot Do with Regard to a Ohio Family Member

No matter how much you want your family member to leave, there are things that the state of Ohio says you cannot legally do to make him or her vacate the home.

For example, you cannot threaten him or her. You cannot change the locks. You cannot take your family member's personal property. If you do, you may be looking at criminal charges. No sister, brother or cousin is worth that.

Is Your Family Member Not on the Lease?

If your family member is not on the lease then you have more options for getting rid of him or her.

Be careful here, though. If your family member is not on the lease because he or she came to stay with you without your landlord knowing, then you might be the one breaking the lease terms and end up facing eviction.

o
o

If, though, you have a family member with your landlord's express or implicit permission - many landlords will let a family member stay in the home without signing the lease - then you can evict your family member.

In Ohio, there are, though, rules to follow. Even without his or her name on a written lease your family member is still treated as if he or she had a month-to-month lease. Ohio requires that you give your family member at least 30 days notice to find a new place to live and move out.

o
o

Keep in mind that this applies even you own the house because sometimes it is hard to tell the difference between a guest and a tenant.

You must put this deadline in writing. Say that you are terminating the living arrangement and expect your family member out of the property within 30 days. Explain why you want your family member out. Send the notice to your family member via certified mail so that you know he or she received it. Keep a copy.

If your family member ignores the eviction notice or thinks he or she has grounds to stay in the unit, then you will likely have to go to court. When you do, be prepared to state your case clearly. Present any and all documentation you have. Also be prepared to be stuck with your family member and have to pay his or her legal costs if you lose the case.

If your landlord is aware of your family member and you are on good terms with your landlord, then you might ask your landlord to help you evict your family member. The downside with this that is your landlord - even a tolerant one - might just decide to evict you and your family member and start fresh. He would have legal grounds to do so if your family member is not on the lease because you have broken the lease by having the illegal tenant.

Bottom Line

The bottom line is evicting a family member in Ohio is not easy. Evicting anyone anywhere is not easy, even for landlords with solid legal grounds. It is a complicated, contentious and often costly endeavor.

Get Help

Ask an Ohio Eviction Law Question, Get an Answer ASAP!

If, though, you have decided that you have no choice but to evict your cousin, son, daughter, brother or other family member, then it is a good idea to talk to an experienced Ohio eviction lawyer before proceeding. One small misstep could mean that you are the one having to look for a new home.

o
o


o
o

Legal Fairness for All | Copyright (c) 2002-2022. All rights reserved.

The content provided on this site is informational only. It is not legal advice from a lawyer, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Users of this website should contact an attorney to obtain advice with regard to any specific legal issue.

o