Legal Question in Landlord & Tenant Law in Ohio
What happens to a co-signer in the event of an eviction?
1 Answer from Attorneys
In Ohio, if the co-signer is also a tenant, both tenants will be evicted if the court finds, after a hearing, that there is a basis for the eviction and no defense. But if the co-signer is not a tenant, he or she should not be mentioned in the first cause of action for possession, but may be mentioned in any second cause of action for money damages since the co-signer agreed to guarantee the tenant's financial obligation.
If the co-signer is not listed as a tenant or an occupant, or has never been a tenant or an occupant, the co-signer would be wise to show up at the eviction hearing and defend the possession action (the first cause of action) on the basis that he or she is not a tenant and should not be removed from that portion of the case.
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