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Hello, I rent an apartment with two other roommates in Ohio.

Customer Question
All three of us are...
Hello, I rent an apartment with two other roommates in Ohio. All three of us are on the lease and we basically split the bills three ways. One of the roommates has this guy, boyfriend, guy she hangs out with, whatever he is, that she has broken up with several times or whatever but is back with now. Basically she picks him up Friday night..and he stays in our house with her until Tuesday or Wednsday the folloing week, nearly every week. He doesnt have a job, he doesnt have money, he doesnt pay anything towards the bills and obviously isnt on the lease. She goes to work Monday thru Friday..and leaves him at the house all day. We have brought up to her that he doesnt need to be there when she isnt home, so his visits should only be on the weekends and in the evenings. She got really upset and doesnt seem like she is going to even consider following our wishes nor understands why its a problem...do we have any rights thru the lease office or the police to have him and/or her removed if she doesnt follow our wishes??
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
2/26/2012
Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,290
Experience: Attorney with over 24 years experience.
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You need to start by reading your lease about guests. If there is no provision in your lease about guests, then unless you have a roommate agreement with your roommate , you have a problem and your dispute is between you and the roommate and not the landlord. The problem is that absent a guest clause or roommate agreement, your roommate has the same rights as you to the use of the apartment and if her guest is causing a disturbance you would have to give her written notice and if she fails to cure the problem, then you would have to file suit against her for any damages he is causing. This is the problem with renting where all parties are on the lease and there is no separate roommate agreement regarding these matters, since she has the same rights to the premises as everyone else and the lease terms is the only binding document.


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Customer reply replied 6 years ago
Our lease does have an agreement against live-ins or adding additional occupants. It is against our lease for anyone else to live there or mvoe in without written notice to the landlord and acceptance from them. We dont know what would qualify as a live in or new occupant though..but he is here 4 or 5 days a week..occasionly showers and sits in the roomates bedroom all day while she is at work.
Lawyer: Law Educator, Esq., Attorney replied 6 years ago
In that case, you need to notify the roommate she is in breach of the lease and if she does not comply (4-5 days every week is considered sufficient time for a violation in most all cases under the circumstances you described) you will notify the landlord and will seek to evict her. Then if she does not comply with the terms of the lease you can notify the landlord and you can also sue her for breach of the lease.
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Customer reply replied 6 years ago
Do we need to notify her in writing? Or is verbal suffcient?
Lawyer: Law Educator, Esq., Attorney replied 6 years ago
The notice needs to be in writing to have an actual record that can be introduced into evidence if you have to go to court.
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