What is the law in Ohio when I have a bf visiting with me for more than 2 days?

[ohiolandlord]

What is the law in Ohio when I have a bf visiting with me for more than 2 days?

I received a letter from my landlord stating the following:

I am writing this note in reference to guest staying with you for extended periods of time. What you do personally is of no concern to me. However, as a landlord trying to make money from this property, it is a financial consideration that I must persue.

According to Ohio tenant laws, if someone stays at a property over two consecutive nights, they can be considered a permanent tenant. (as you know you have a guest spending considerably more time than two evenings).

My question to anyone is: Can he do this considering my bf has a place that he resides at and is visiting with me and staying here before he goes to work in the mornings. He hasn't stayed every night, but yes he has stayed sometimes for more than two evenings in a row.

Does this mean I am not allowed to have friends, a bf or family visit with me for more than two consecutive evenings? I think this is not right, and I think this should not be a problem, and what do I do about it?

TY,

justneedhelp


In Ohio, there is no law prohibiting you from having guests at your apartment for more than two nights in a row. Whether a guest has become an unauthorized occupant is determined on a case by case basis. The factors are whether or not the guest has key, whether or not the guest has his own place, whether or not the guest keeps personal items at your apartment, whether or not the guest has a utility in his own name at your apartment, whether or not your guest receives mail at your apartment, etc.

To learn more about your rights as a renter in the state of Ohio, you can download our book online at http://www.ohiolandlordtenant.com/book.html

[Bobbie]

As I understand contract law, any clause in a lease that is not supported by the law, is invalid?

Thus even if a landlord writes it into a lease that a tenant cannot have guests, and bases an eviction on the fact that a tenant has violated that clause and takes it to court, the court cannot uphold that clause because it is not supported by the law?

Also in the off chance it would be considered valid in court, what is the burde of proof the landlord is required to present in order to validate his claim?

(we have a landlord that has written this into a lease.)

Thank you in advance for you answer.

Bobbie

[eewillison]

In Ohio, Ohio Revised Code Section 5321.06 will not allow courts to enforce any clause in a rental agreement which is "unconscionable". I think that a clause in a lease agreement which prohibits guests would likely qualify under that definition. So long as the guests are not damaging the property or disturbuing the other tenants, I don't think that an Ohio court would see this as a breach of the lease.

In the future, you can side step this problem by reading the lease, and if you don't like what it says, tell the landlord to change it or you will rent elsewhere.

You can read up on more of your rights as a tenant by clicking on the sponsored links below.