Legal Question in Landlord & Tenant Law in Ohio
i asked this already but the answer i go wasnt that helpful and i dont know why i cant reply...replying would be helpful.
i want to add to my original question. Our roommates did violate their lease in the fact they cant have additional people just move in. However The Landlord allowed us to be here. we were in a verbal agreement that we could in fact live here and were going to sign a lease for ourselves as well so that additional rent could be paid to the landlord. He told us personally he was going to let us stay and give us our own lease to live here as well. We even had an appointment set up to meet him and sign and pay. Basically he himself gave us the ok then changed his mind. After he changed his mind over the phone our friend told him we had the agreed money right now to give to him... he declined.
My original question:
i am a tenant without a lease. I have been here for one month. I moved in with friends who agreed to split rent. the landlord at first wanted us to sign a lease of our own paying additional 450 a month. He later said he didnt want to do this and wanted us out now. he said he will evict us by the first. This was said over a phone not to me but to our roommates. I read up and think i would fall under tenant at will since i pay rent just dont have a written lease. This address is listed as my address for my work and my boyfriends work. I have received mail here. I read that the landlord in order to evict us needs to give us a hand delivered written notice. i have not been given any written notice.
my question is can he just evict everyone on the first like the threatened to do? Or does he need to give us the written notice?
My answer to this question:
Your friends may have violated the lease agreement by having you move into the apartment (there may be a clause regarding subleasing or there may be a clause specifying how many tenants can reside on the property). You are not a tenant at will because you did not make the agreement with the landlord, your friends did. That being said, you are correct in your understanding that to evict you and your friends he must give you a 3 day notice of eviction. That gives you 3 days to move out or he will start court eviction processes. After the 3 days he would file an eviction action in the court and it would be set for hearing about 2-4 weeks later (depends on the court). At that hearing you can present your case but if the judge rules in the landlord's favor (which in most cases they do) then you will have an additional 7-14 days to move out before the sheriff comes in and "forcibly" removes all of you (meaning setting your belongings outside of the apartment).
1 Answer from Attorneys
The attorney correctly answered your question. The landlord can not just show up an throw you out. He needs to first give you a three day notice and then file an eviction in the local municipal court.
The only thing that I may differ on is since the landlord did originally agree you could stay there he may have to give you a 30 day notice to leave then a 3 day notice then an eviction.
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I am a tenant without a lease. I have been here for one month. I moved in with... Asked 7/17/15, 8:23 pm in United States Ohio Landlord & Tenants