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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53964
Experience:  Attorney with 29 years of experience.
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My nephew lives with my mother and sister. my mother owns

Customer Question

my nephew lives with my mother and sister. my mother owns the home. he has become what I would call a domestic terrorist in the home. my mother is 97 and my sister is 68. he is 34. he has destroyed almost everything in the home, holes in walls,hit cabinets down with a ball bat, told my sister many times he will kill my sister and then himself. has thrown food on the walls and my sister and mother live in fear of him. I would like to know how to have him removed from the house, he has no job and no money, my sister and mother are going to be moving to another city and they don't him going but don't know what to do with him. he needs to be in a physioc ward. HELP
Submitted: 6 months ago.
Category: Legal
Expert:  Richard replied 6 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Can you provide me a bit more information? In what state do they live currently? Thanks.
Customer: replied 6 months ago.
Cincinnati, ohio
Expert:  Richard replied 6 months ago.
Thanks for your quick reply. It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 6 months ago.
Unfortunately, if he will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days pursuant to Ohio Rev.Code Ann § 5321.17 If he does not leave voluntarily, under Ohio law, you will then need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. BUT, in the interim, since he poses any threat to your person or property, you can get a restraining order to get him out of the house immediately while the eviction process runs its course. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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