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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 90 year old father is trying to evict his two grandaughters

Customer Question

my 90 year old father is trying to evict his two grandaughters who have been living with him. They both are drug addicts and my father cannot deal with them coming home late at night and bringing home strangers. I've contacted the Adult Protective services and they said he has to go through the eviction process. We went to the county to advise us on the eviction process and they told us to serve a 3 day notice which we did then to come back to court and file the eviction. When we went back to court they told us we had to serve a 30 day notice then after that a 3 day then we could file the eviction in court. Is this the correct process. It doesn't seem right to me. We need to get them out as soon as possible as my dad can't take the stress. The girls are both in the 20's and don't help with any of the expenses. Is there a quicker way. Thanks for your help
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.I am sorry to hear about this. An eviction process consists of:1) NOTICE TO QUIT (which asks the tenant to MOVE or be evicted); and then2) FILING SUIT TO EVICT, which consists of filing a petition, serving them, having a hearing, and then a judgment. If they do not move, a Writ from the Court can have the authorities move them out. Most leave by that time if not earlier.You seem to be stuck on the notice part. It has to be in writing. But the primary thing here is that notice does have to be 30 days for tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner. A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her. However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction. So here, you may:1) Give them notice to leave and if they do not;2) Evict them as though they were a tenant.The problem here is that Ohio requires 30 days notice to tenant at sufferance. So yes, the notice requires 30 days, and only then, can can an eviction be filed.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.