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  1. #1

    Default Non-Lease Signing Friend Overstaying Their Welcome

    My question involves a roommate in the State of: OHIO

    ill make this short to get the topic rolling, plus I'm on my pda at work. I have a friend who lived far away from school. he asked to stay with me since I live close until he found his own place. its been 4 months now. last night he upset me and I told him its my house do not rev your car in my parking lot, I gave sleeping neighbors its rude. he proceeded to get in my face screaming and threatening me. I now want him out asap. there have been pending problems but this topped the cake. he has not signed the lease on my apartment and I wouldn't allow it. he pays me rent at the end of the month, hardly anything though really. also, he told me this would only be a couple of months at most. what do I need to do legally to protect myself to get him out asap with little hassle as possible. ill answer any and all questions and fill in more details from my laptop in a few hours. thank you

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Non Lease Signing Friend Overstaying Their Welcome

    Serve him a 3 day notice to vacate.

    If he hasn't left when that expires, commence an eviction action.

    Obviously, you won't be friends anymore after that, but from the sounds of things, that bridge is about to be burned anyway.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non Lease Signing Friend Overstaying Their Welcome

    He's paying rent as a month-to-month tenant, even if it's a bargain rate, so if he pays his rent you need to start by giving him thirty day's notice. If he doesn't pay his rent on time, or hasn't done so, you can serve a three-day notice for nonpayment. You could also serve a three-day notice to attempt to evict him for cause (as described on the page LawResearcherMissy provided), but that can get complicated if he fights you in court.

    For termination of a month-to-month tenancy in Ohio, it appears that the thirty days must be given on or by the start of the next rental period, so if rent is due on November 1, you would give notice on or by November 1 to have him vacate by the end of November. (See this summary of Ohio's landlord-tenant law.)

  4. #4

    Default Re: Non Lease Signing Friend Overstaying Their Welcome

    so basically I am going to lose money/be stuck with him racking up my bills, using all my things and eating all my food for 30 more days. honestly, I really do not think I can handle that. I'm a young college kid with a stressful job and can't keep up with this. if I file charges for him threatening me can I apply for a tpo and have him escorted out of my apartment? also, what ramifications could I expect if I pack up his things, put them in the hallway and change the locks?

  5. #5
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Non Lease Signing Friend Overstaying Their Welcome

    Quote Quoting yesterdaycalls
    View Post
    if I file charges for him threatening me can I apply for a tpo and have him escorted out of my apartment?
    Even if you could validate the charges, this would take more than 30 days. Serving him a notice to vacate, as aaron stated, is the best (and legal) way to handle this.

    what ramifications could I expect if I pack up his things, put them in the hallway and change the locks?
    You could find yourself on the receiving end of a lawsuit for wrongful eviction.

  6. #6

    Default Re: Non Lease Signing Friend Overstaying Their Welcome

    wrongful eviction. this is ridiculous! the kid asked me if he could stay a couple of months, meaning 2. its been what, 4 now? so i do some one a favor and the law has screwed me into a postion where i am miserable in my own house? i read that he would have to prove residence here. example, mail with his name on the address, a bill here, etc. well these things do not exist so can i have him leave like that? he calls the police and i can say he doesnt live here. they tell him to prove he does he has nothing, no mail, no checks to me (he paid me cash) no signed agreements. i would assume he would have to prove he lived here before i would have to prove that he was just staying.

    i called the family lawyer today and am awaiting a returning phone call. i cant give him 30 days. i do not trust him and work way to much to be able to monitor anything here. honestly, with the way the past few days went, the threats, i wouldnt put it past him to start stealing my things, then what do i do? this is way more than i expected and once this is over i will never, ever do anyone this type of favor again.

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