My husband and I let our friends move in with us under the agreement they would help us out with the bills. There is no lease, and they have been with us less than 30 days. The girl lost her job after just a week, and her husband hasn't found a job yet. They sell their belongings to get money they tell us they will give some of to us to help on the bills, then only give us $20. They're saying we HAVE to give them 30 days to get out, that we can't do 3 days. We live in Summit County, OH. This is my dad's house as well, who does not live here. He allowed us to take over the house (still in his name) after my mom passed away and he remarried. What are our options for eviction for these people? They also have 2 young children.
Whether or not you have a written lease, there is still a lease agreement between you orally. Oral leases are just as enforceable in Ohio as are written leases, though oral leases are sometimes a little more difficult to prove the terms of than a written lease.
Based upon what you stated, it sounds like you never set price for rent as a term. You say they agreed to help out with the bills, but it doesnt appear you guys set a sum certain amount (i.e. 50% of all bills, they pay all the electric and water, and you cover the rest, etc.). This could make proving that they have breached a term of the lease difficult to prove, since they have offered you some "help" with the bills, even if its not what you wanted. Because the amount was never defined, it will be difficult for a court to determine whether or not they have complied with your agreement.
Because they are helping out with the monthly bills, Ohio law will most likely treat this as a month-to-month lease. Therefore, you have the option of terminating the lease at any time, provided that you give them a minimum of 30 days notice of your intent to terminate the lease and for them to vacate the property. Since today is May1, then you must give them the notice of your intent to terminate the lease, in writing, sometime in May. They would then have until the end of June to vacate the property. If they fail to vacate by the end of June, you can then file an action to evict them from the property.
On the issue that the property is owned by your father, that doesnt cause me any concern. Most likely, a court would treat the relationship with you and the other tenants as a sublease of the property. So, you would be treated as the landlord between you and the other tenants, giving you the right to evict them from the property. But you can only do so after fully complying with the law, including the 30 day notice of intent not to renew and vacate the property.
Best of luck to you, and next time, get the lease agreement in writing. Makes the eviction process much easier as the terms are expressly defined in writing.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.