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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54554
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a 27 year old daughter and her boyfriend (33 years)

Customer Question

I have a 27 year old daughter and her boyfriend (33 years) that have lived with me since my divorce 7 years ago. They are now both into major drugs (heroin), my daughter has od 3 times and him once, they steal from me all the time, the do not pay rent, they run up my credit cards. They steel my stuff when I sleep at night, no matter where I hide it, they find it. I have to hide my purse, money, lap top, i pad, phone, jewelry - you name it or its gone. I manager a business below the apartment and they have taken my keys (my daughter worked there at one point) and stole from the business - I always paid it back. I have never turned them in, but I can no longer live in my place and be worried to sleep at night. They even take my car after I sleep. Things are getting worse every day. I do not trust them, he doesnt work and she does. There are people in and out at all hours - They just won't abide by my rules anymore and the drugs are making them steal more. I need to get them out! I can not find any information on how to proceed??? Also, I never signed a contract with my landlord, he's my boss and I pay my rent through deduction of paycheck. What can I do to get them out of here?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Unfortunately, if they will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. Legally, they are considered your "at will” tenants and treated legally as month to month tenants. As such, even without their illegal activities such as theft, you could terminate this tenancy by giving written notice of at least 30 days. But, since they are stealing from you, you need not give them this full 30 day notice. Rather, under Ohio law, you need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, since they pose a direct threat to your person or property, you can get a restraining order to get them 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 them out immediately without a restraining order, 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). I thank you in advance for taking the time to provide me a positive rating!