Legal Question in Landlord & Tenant Law in Ohio

My roommate's boyfriend has been illegally occupying the apartment that is leased to only my roommate and I for 30 out of the 34 days we have lived here. He is not paying for rent or any utilities and I requested for him to leave three days ago but he still has not. His attitude, as well as my roommate's, has been hostile and very confrontational towards me and has caused me to feel an overwhelming amount of stress. What should I do, what can legally be done and how should I go around in pursuing a lawsuit against him? Also what can I legally sue him for? Is she responsible for anything and if so, how/what do I hold her accountable for?


Asked on 8/31/11, 4:21 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

You might want to speak with your landlord about the situation of this unauthorized occupant in your home. You can ask the landlord to file an eviction action against him and tell the landlord that you will testify at the hearing.

If the landlord won't help, you can bring a lawsuit against your roommate for breach of contract (inviting this unauthorized person into your living space).

Lastly, you might try filing an eviction action against the roommate yourself. Ohio Revised Code Section 5321.01 also defines a "landlord" as a person subletting an apartment to another. Even though this boyfriend is not paying rent, you could argue that he can only stay there with your permission, and that when he first moved in, this established a month to month tenancy (also known as a "periodic tenancy"), and that while he moved in with your permission, you have now revoked it. The rules for terminating a periodic tenancy can be found at http://www.ohiolandlordtenant.com/faq20.html.

Once that time period has elapsed without him moving out, then you can bring an eviction action against him. For a description of this process, you can go to http://www.ohiolandlordtenant.com/3dayvideo.html.

Lastly, though your situation is slightly different than the situation described here: http://www.ohiolandlordtenant.com/evict_boyfriend.html, this still answers your question overall about how to proceed.

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Answered on 9/04/11, 6:45 am


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