removing persons

UPDATED: Oct 1, 2022

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removing persons

I own a multi family home and the top half has 2 apartments. Brother along with son sons girlfriend and 2 kids live there. I do not actively rent anymore and there is not lease. I am in process of trying to sell. Do I have to take the son and girlfriend to court to have them removed? I have been asking them since mid August to clean up the mess and look for a place which neither have been done the current condition per realtor will reduce the sale value by 28000.00.

Asked on October 13, 2017 under Real Estate Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they paid rent at some point, then they will be considered to be tenants. If they never paid any form of rent, then they will be considered to be "guests". In either event, if they do not voluntarily vacate the premises, then you will have ti take legal action. First, you will need to give a notice for them to vacate Typically 30 days for a tenant and 3-10 days for a guest). If they fail to remove themselves, then you will need to file a case in court. In a tenant situation you will file an "unlawful detainer" (i.e. eviction); if they are guests you will need to file for an ejectment" (i.e. an eviction of a guest). At this point, you should consult directly with a local attorney who handles landlord-tenant cases. they can best advise yuo further as to specific state law. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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