December 07, 2009,
J.C. asks from Columbus, OH on October 22, 2009
Need to Know OH Laws About "Eviction"
Ok, so this might come across as a little harsh.... and really I'm not a mean person, but I'm tired of being used & taken advantage of. I bought a house approximately four years ago. At the time my sister was in need of a place to stay to help her get "in a better place" financially. She never asked me if she could move in, just took it upon herself to move into my house. I never said anything b/c she's my sister. After a year and a half I moved out of state for a job opportunity. My sister and I verbally agreed that she could stay in my home as long as she didn't make changes without my permission and she left my belongings that I was leaving behind alone (meaning my bedroom was left alone so when I periodically came home, I would have my room, my stuff) We also agreed that as long as she did so that she could pay half my mortgage & the utilities.
Since then she has made numerous changes to my home only for me to find out when I come in for a visit. She has also took it upon herself to move her boyfriend in to my house. They have taken over my entire house now, moved my bedroom suite & everything!!! I told them that they now had to pay my entire mortgage out of fairness. Still no lease/ contract, nothing. I'm not happy at all that she moved him in, but she's my sister!
So in my current location my rent has went up. I am now paying a lot more than when I first moved here. I told them in March that they were now responsible for the entire mortgage. Since then they have barely even paid half of it most months... or any month for that matter. I have continued paying the entire thing b/c I don't want to lose my house. I eventually would like to move back home. She has quit answering my calls, and doesn't return messages. I sent her an email at the beginning of Oct telling her that she needed to pay the entire amount by Nov 1st or she needs to get out. I have also told her that if she can pay, great, but she needs to let me know her intentions. She had yet to respond to my email.... so yet again I tried to call w/ no answer. I sent another email letting her know that she has until the 26th of this month to let me know or get out. I know that she has got the messages b/c she told my parents there was no way she was paying the entire mortgage. I'm tired of supporting her and her boyfriend. I'm tired of paying for them to live in my house. I'm tired of bein taken advantage of. I know that I can find someone else to "rent" my house and will be more than willing to pay my entire mortgage. My other problem is that she just found out she's pregnant! I'm being told that I can not legally "evict" a pregnant woman in OH?!?!? This is just word of mouth.... not from a lawyer. I can't afford to hire a lawyer & honestly don't want to have to take it that far. So I guess my real question is.... can I legally tell my sister & her boyfriend they have two/ three weeks to get out of my house? Again remember there is absolutely no lease/ contract. Sorry this is so lengthy. I'm just stressed and sick & tired of being used!
K.V. answers from Columbus on October 23, 2009
Yes you can evict a pregnant woman and as long as she is not on the mortgage and not paying rent she has to go. You are not doing her any favors by continuing to let her live there. Please see an attorney and get things started. Also if she has moved her boyfriend in and you had agreed that she was the only one to live there then that is automatic grounds for eviction. The man that owns the house next to me evicted his previous tennent for moving in his pregnant neice. It can be done.
H.T. answers from Indianapolis on October 23, 2009
Information on the rights and duties of landlords and tenants is provided to Lakewood residents by the City of Lakewood, through a contract with the Cleveland Tenants Organization. For more information, call CTO at ###-###-####. Persons having questions in regard to discrimination in housing should contact the Housing Research & Advocacy Center at ###-###-####.
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J.K. answers from Columbus on October 23, 2009
I moved from Cincinnati to Columbus and rented my town house. I had to evict my very first tenants. You must definitely file paper work with the court house before you try to kick them out. My eviction request was thrown out on the first try because I set a precedence by allowing the tenants to stay when paying late and making partial payments. After the first eviction request is thrown out, you have now officially started the process. The first time she is late or only pays the partial amount, file immediately. Then you will be able to evict her legally. It could take several months or more if she decides to play by the rules for a while. As would be expected, my tenants packed up in the middle of the night and tried to run without any payments. Thank goodness for a nosy neighbor who called me. I was able to track them down and at least get a partial payment. I lost thousands in rent and damages. Fortunately my tenants after that were much better. They aren't all bad. Good luck!
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A.M. answers from Cincinnati on October 23, 2009
I think you need to pay her a visit. And while you are here change the locks without her knowlegde and get her evicted through the court. I am not fimiliar with the law but I think you can get her eveicted even if you don't have a contract. By the way before you serve her with the notice I would go through the house and take pictures. Date those pictures just in case the boyfriend decides that he needs to leave you a mess or even your sister. I would hope that she is not that way for your relationship but you never know. Also give you parents a heads up on what is going on. They might be able to help you.
But I agree with one of the writers that I have never heard of it being illegal to evict someone who is pregant. I think that would be a line coming from someone that is trying to protect your sister from being out on her rump.
But I do think you need to take action. Who in this world of the economy could afford a house payment and rent.
I would call the court house and see what you can do.
Hope this helps
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K.G. answers from Columbus on October 23, 2009
I worked for a rental company and we had to evict people a lot. You need to file the papers through your local courthouse. First you serve them with a 3 day notice, file it, then they have 30 days to pay or get out. If they don't pay then you will need to have the police come with you and evict them. Change the locks and throw their stuff out of the house. Depending on how much you are owed you can also take them to small claims court.
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C.D. answers from Canton on October 23, 2009
Since she and her boyfriend are living there and have paid some money towards rent they do have some rights. You have done the first correct step by providing requests and notices in writing. More than likely you will have to go to court and file an eviction notice. It costs but I don't know. How much.
I know of no law about nor being able to evict a pregnant woman. I think thats likely b.s.
D.G. answers from Columbus on October 23, 2009
Becoming pregnant has nothing to do with being evicted. Now if she had kids already that might be a different light on things. You need her to talk to you and let you know what is going on. You could send a certified letter to her that she has to sign for.Since you have no lease or any signed agreements you are in a tough spot.You can however evict the boyfriend , it was never agreed that he could live in your home. And I am sure that if he leaves she will as well.I would seriously think about talking to a attorney about this and protecting your rights.
try this web site and learn more :
T.D. answers from Columbus on October 23, 2009
Good Morning J.,
I have never heard of a Ohio law that you are not able to evict a pregnant woman in Ohio. I believe that you have to provide your sister 30 day notice in order to evict her and her boyfriend. You could always have a phone consultation with an attorney a lot of times they are free. Or you also could contact the Columbus urban league to see how if they can assist you in anyway.
Sorry to hear how your sister has treated you it is very disrespectful and ungrateful. I hope you are able to get her out of your house soon.
N.P. answers from Toledo on October 24, 2009
No it is not illegal to evict a pregnant woman, but be careful with family. It would be nice if your parents could talk some sense into her.
A.S. answers from Canton on October 25, 2009
You have to go to your local court system and file an eviction. It is YOUR property in YOUR name. If she knows the system she can still stay there about 6-8 weeks after you file b/c it takes that long for the process to be completed. You'll have to go to a court hearing, which is really no big deal. I have a rental prop. and had to go through all this a couple years ago, but if you continue to do nothing, she won't leave. As far as her being pregnant, I don't know what the rules are in that case, but if I was you I wouldn't waste any more time. The fact that the property is in your name should be enough to get her out even though you have no contracts with her. Hope I helped, Good luck..... I also heard you couldn't evict people with children in the winter, so you might want to get on it. It's not legal to change the locks if you have a written agreement, but b/c she's family and there's no agreement you could do that. you don't need an attorney for this situation. Just file the eviction right away to cover your back.