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What are rules for eviction in ohio during winter when there…

Customer Question
What are rules for...

What are rules for eviction in ohio during winter when there are no reasons for eviction

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The father of one of the tenants asked her to move the family to his house and live there.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was no lease agreement or anything else

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 24 minutes by:
1/3/2018
Lawyer: Layne Pecoff,
 replied 7 months ago
Layne Pecoff
Category: Landlord-Tenant
Satisfied Customers: 201
Experience: dasdasd
Verified

Hello I am a Landlord-Tenant expert and I will be helping you tonight. Nice to meet you!

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

First off, note that in the state of Oho, verbal leases are valid.

With verbal leases: Landlords can proceed with an eviction without having a written lease as long as the tenants have breached the verbal lease in some manner. A basic verbal lease would be an agreement to rent the premises for a certain amount to be paid on or before a certain day of the month. If the tenants failed to pay rent according to the terms of that verbal lease agreement then the landlord can proceed with an eviction action even in the absence of a written lease.

Even though the lease is not written, the Landlord still has to follow regular eviction rules and (only if he/she has a valid cause as I wrote about above), then the Landlord has to give an unconditional 3-day notice to the tenant to move out. The notice must inform the tenant that the tenant has three days to move out of the rental unit or an eviction action will be brought against the tenant. If the tenant does NOT move out by the end of three days, then the landlord can go to court and file an eviction lawsuit (see Ohio Rev. Code Ann. § § 1923.02–1923.04, 5321.17).

These are the rules for eviction in Ohio (any time of year, winter is not different rules).

Of course my answer assumes that the Tenant violated the lease in some way.

If the Tenant did not violate the lease, then the Landlord would have to wait until the end of the lease to require the tenant to move out. If it is a month-to-month understanding between them, then the waiting would be 30 days.

I wish you all the best luck with this and it was my pleasure to answer your question!

If I have answered your question, please click YES/ACCEPT on your screen. It does not cost you anything to click and it is the only way I can get credit for my work, and of course a positive 5 star rating would be appreciated. You can still ask me all your follow up questions, even after you please click YES/ACCEPT.

I wish you all the best in 2018.

Ask Your Own Landlord-Tenant Question
Lawyer: Layne Pecoff,
 replied 7 months ago

Hi, just following up to see if you have any further questions.

Please click YES/ACCEPT or just go ahead and type ACCEPT in the chat box. It does not cost you anything to click or type this and you can still ask me follow up questions. Thank you!

Ask Your Own Landlord-Tenant Question
Lawyer: Layne Pecoff,
 replied 7 months ago

I just want to let you know that if you don't click 5 stars or ACCEPT, then I can't get paid for any of the time we spent together.

If you need something else to be able to click, I am totally happy to help you!

It's just important that I don't lose all of the time I spent helping you.

Thank you SO MUCH for understanding, it does not cost you anything to PLEASE CLICK.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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