ohiolandlord
02-09-2006, 12:40 AM
what right, if any, does a tenant not listed on the lease have (tenant at will as i understand it) the people on the lease knew i was moving in and even helped me, so there is no issue as to their knowledge of me moving in. As I understand it, I (THE TENANT AT WILL) still have to be given a 30 day notice in the event of an eviction and only the landlord, not a roommate listed on the lease, can initiate the eviction. my roommates are only giving me 5 days to move out and are also threatening to change the locks on me? Do I get 30 days and have the law on my side if they change locks.....or do i need to hurry and start packing. BTW, I live in Columbus, OH if that makes any difference. thank you for your timely response!
In Ohio, the old common law classifications like tenant at will or tenant at sufferance or tenant for years have been displaced by the statute, Ohio Revised Code Section 5321.01-.181. It is important to note as a starting point that a lease agreement in Ohio can be either written or oral. Both are enforceable.
The first question is your status and the status of your roommates. Ohio Revised Code Section 5321.01 is the definitional section of the Landlord Tenant Act of 1974 and defines a tenant as follows:
"Tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.
Since under your agreement with your roommates (even though it is oral) allows you to have a certain portion of the apartment to the exclusion of others, you are a tenant under the act.
The Act then states that:
"Landlord" means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.
Since your roommates on the lease are subletting a part of the apartment to you, then they are landlords as that term is defined under the Landlord Tenant Act of 1974.
Next we turn to Ohio Revised Code 5321.15 which places certain restrictions upon the acts of landlords, and it says:
(A) No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 5303., and 5321. of the Revised Code.
(B) No landlord of residential premises shall seize the furnishings or possessions of a tenant, or of a tenant whose right to possession has terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.
(C) A landlord who violates this section is liable in a civil action for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees.
So the idea that they can just change the locks on you and toss your stuff is for the birds.
In the absence of a written lease agreement, tenancies are presumed to be month to month tenancies. The rules for terminating a month to month tenancy are explained in our FAQ section at http://www.ohiolandlordtenant.com/faq20.html
If, after giving you the appropriate notice, you are still there and your roommates want to evict you, then they will have to go through the statutory eviction process, a good description of which can be found in our FAQ section at http://www.ohiolandlordtenant.com/faq2.html
If you want to read up on more about your rights as a tenant of residential property in Ohio, you can download our book online at http://www.ohiolandlordtenant.com/book.html
In Ohio, the old common law classifications like tenant at will or tenant at sufferance or tenant for years have been displaced by the statute, Ohio Revised Code Section 5321.01-.181. It is important to note as a starting point that a lease agreement in Ohio can be either written or oral. Both are enforceable.
The first question is your status and the status of your roommates. Ohio Revised Code Section 5321.01 is the definitional section of the Landlord Tenant Act of 1974 and defines a tenant as follows:
"Tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.
Since under your agreement with your roommates (even though it is oral) allows you to have a certain portion of the apartment to the exclusion of others, you are a tenant under the act.
The Act then states that:
"Landlord" means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.
Since your roommates on the lease are subletting a part of the apartment to you, then they are landlords as that term is defined under the Landlord Tenant Act of 1974.
Next we turn to Ohio Revised Code 5321.15 which places certain restrictions upon the acts of landlords, and it says:
(A) No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 5303., and 5321. of the Revised Code.
(B) No landlord of residential premises shall seize the furnishings or possessions of a tenant, or of a tenant whose right to possession has terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.
(C) A landlord who violates this section is liable in a civil action for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees.
So the idea that they can just change the locks on you and toss your stuff is for the birds.
In the absence of a written lease agreement, tenancies are presumed to be month to month tenancies. The rules for terminating a month to month tenancy are explained in our FAQ section at http://www.ohiolandlordtenant.com/faq20.html
If, after giving you the appropriate notice, you are still there and your roommates want to evict you, then they will have to go through the statutory eviction process, a good description of which can be found in our FAQ section at http://www.ohiolandlordtenant.com/faq2.html
If you want to read up on more about your rights as a tenant of residential property in Ohio, you can download our book online at http://www.ohiolandlordtenant.com/book.html