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Eviction Procedures In Ohio

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  • 03-16-2008, 04:45 PM
    chiefsangel
    Eviction Procedures In Ohio
    Question of proper procedures in Ohio on evicting a person from their home. No rent is paid, person has lived on the property nearly 22 years per request of her mother and has paid utilities and has kept up the property. She was just told by her youngest son that she has to move by the 17th (we are thinking the 17th of April) and that he has signed paper work selling her family homestead. No formal eviction has been done and unsure of how this works as for "landlord and tenat" issues. The house is being sold quickly as to her mother is not doing well to avoid probate court. She once had ALL durable power of attorneys for her mother until this last December when she decided to move her mother to a facility that specializes in AD and Dementia. Her younger sister and her own son convinced her mother into signing off on her powers and her son took control of the financial and her sister the medical. Her mother has stated repeatedly over the years that she is to keep the house but this was never put into writing. The younger sister wants the money.
    Does the son have to file court papers to evict her? What if he doesn't and the new owners (who will tear down the home to add to their business) take possesion while she is still there - do they evict her or just move her out?

    Thanks for any input.................
  • 03-17-2008, 12:38 PM
    LawResearcherMissy
    Re: Eviction Procedures In Ohio
    Quote:

    Does the son have to file court papers to evict her?
    Yes.

    There's more going on here than a simple eviction, though. She needs a lawyer, and she needs one now.
  • 03-17-2008, 02:37 PM
    chiefsangel
    Re: Eviction Procedures In Ohio
    She is in the process of going through Legal Aid - which takes awhile. He verbally told her of a date and no formal paper work. He has not registered his "POA" with the recorder of the County either which she was told by another attorney that he would have to do so in order to even sign papers and sell the home.

    I know that money is the main factor here (which is wrong) but her sister and son are working against her and have not done things the correct legal way which will all wash out in court.

    What happens IF the son goes through with all, the buyers take possession and she is still in the home? Who is responsible for evicting her? And do the buyers have to obey by the law or just toss her out?
  • 03-17-2008, 08:14 PM
    LawResearcherMissy
    Re: Eviction Procedures In Ohio
    Quote:

    What happens IF the son goes through with all, the buyers take possession and she is still in the home? Who is responsible for evicting her? And do the buyers have to obey by the law or just toss her out?
    If the buyers take possession while she is still in residence, they are responsible for evicting her.

    Had there been a written lease, they would be obligated to honor it til the end of the lease term. Since there isn't, they can serve her with a 3 day notice to vacate and file eviction proceedings. Depending on the county, she could be out in as few as three weeks or it could take as long as six months.

    Should the house be sold, it's in her best interests to start packing immediately.

    (Alternatively, she could buy the house herself.)
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