ohiolandlord
02-08-2006, 05:50 PM
Over a year ago I leased an apartment with a boyfriend. Because he worked as a waiter and did not have steady income, the lease is only in my name but the landlord is aware that my boyfriend was sharing the apartment. Since then our relationship has gone bad and in October I told him I wanted to break up and I asked him to move out. Almost two months later and he's still here and says he will leave when he is good and ready. He does not work and ran through a small inheritance in a few months, so he is not contributing to the household at all. Do I have to follow the law regarding eviction in order to make him leave? I'd rather not get my landlord involved since he voiced personal moral concerns about renting to an unmarried couple.
In Ohio, since you ex-boyfriend is not on the lease, courts would likely treat him as your sublessee. Since you have no written agreement with this sublessee, the courts would likely see him as a month to month tenant.
In Ohio, month to month tenancies can be terminated so long as Ohio Revised Code Section 5321.17 is complied with. For a good explanation of how that works, you will want to read our FAQ at http://www.ohiolandlordtenant.com/faq20.html
Once you have given him the proper notice of termination of the month to month lease, if he continues to occupy the premises past that point, then you will want to start eviction proceedings against him.
Since Ohio Revised Code Section 5321.01 defines "landlord" as (among other things) anyone subletting out the apartment, you would fall into the category of landlord such that you have standing to file an eviction.
Filing an eviction can be done in one of two ways. You can hire an attorney to do it (costs about $250.00 plus filing fees) or you can do it yourself (we have forms for landlords on how to do it which can be downloaded at http://www.ohiolandlordtenant.com/evictkit.html.
If you are looking to hire an attorney to do this, the easiest way to find one is to call up any large apartment complex and ask them who they use to do their evictions. Explain to the attorney that you were subletting your place out to your boyfriend on a month to month basis, and that you have given him the proper notice to leave and yet he has held over. If they tell you that you have to be an owner to evict the guy, point out that 5321.01 defines lessees who sublet their places out as landlords and offer them the legal fee above and you will likely have an attorney.
If this problem arises in the central Ohio area and you want to get in touch with me about conducting the eviction, you can contact me by clicking on my name above.
In Ohio, since you ex-boyfriend is not on the lease, courts would likely treat him as your sublessee. Since you have no written agreement with this sublessee, the courts would likely see him as a month to month tenant.
In Ohio, month to month tenancies can be terminated so long as Ohio Revised Code Section 5321.17 is complied with. For a good explanation of how that works, you will want to read our FAQ at http://www.ohiolandlordtenant.com/faq20.html
Once you have given him the proper notice of termination of the month to month lease, if he continues to occupy the premises past that point, then you will want to start eviction proceedings against him.
Since Ohio Revised Code Section 5321.01 defines "landlord" as (among other things) anyone subletting out the apartment, you would fall into the category of landlord such that you have standing to file an eviction.
Filing an eviction can be done in one of two ways. You can hire an attorney to do it (costs about $250.00 plus filing fees) or you can do it yourself (we have forms for landlords on how to do it which can be downloaded at http://www.ohiolandlordtenant.com/evictkit.html.
If you are looking to hire an attorney to do this, the easiest way to find one is to call up any large apartment complex and ask them who they use to do their evictions. Explain to the attorney that you were subletting your place out to your boyfriend on a month to month basis, and that you have given him the proper notice to leave and yet he has held over. If they tell you that you have to be an owner to evict the guy, point out that 5321.01 defines lessees who sublet their places out as landlords and offer them the legal fee above and you will likely have an attorney.
If this problem arises in the central Ohio area and you want to get in touch with me about conducting the eviction, you can contact me by clicking on my name above.