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I currently live in a rental home that was just inspected.

Customer Question
Hi, I currently live...

Hi, I currently live in a rental home that was just inspected. My late husbands van is in the driveway and my landlord has given me only 5 days to get rid of it. I have been very sick and cannot get anyone to come empty it in that time. What are my rights?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sure, Ohio

Lawyer's Assistant: Has any paperwork been filed?

Not that I am aware of

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

If I am evicted, how long do I have to find another home?

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/14/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 10 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,642
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if the landlord or your lease prevents the van from being parked there the landlord can insist that it be removed. However, if your lease allows you to park in the driveway and the van is not abandoned or junk and is driveable, then the landlord cannot evict you nor demand you move the van and you would need to inform the landlord in writing the van is operational and not abandoned and under terms of your lease you are entitled to park in the driveway and his demand would constitute a breach of the lease.

IF you are evicted, you would have not more than 15 days from the time the landlord sues for eviction until the court issues an eviction order. However, that would be only if you do not object and fight the eviction. If you fight the eviction it could be 30-60 days before you are ordered out of the premises.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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