Evicting a 'tenant' whos not suppose to be there

Evicting a 'tenant' whos not suppose to be there

Amherst, OH · Member since 2017 · 18 posts · 7 votes

I have a SFH that was rented to an older couple for the last 2 years. Apparently at some point their daughter came to 'visit' and never left.

The daughter also brought a cat with her and the house is now infested with fleas.

The couple went into a nursing home in September. Their son (who is POA) came from out of town and paid rent for October and November. He is using this time to attempt to clean the place up...gather his parents belongings and he paid for an exterminator whos been there 3 times so far. He is making some attempt at giving me back the house in good condition.

But back to my main question. The daughter was in an argument with her brother the other day and apparently is refusing to leave.

He has also had the utilities shut off so shes there with no utilities I think. (not sure if theyre actually off yet) This is in Northern Ohio so its plenty cold.

She is not on the lease....never has been. She's not suppose to even be there.

Do I have to formally evict her?

It seems like I should just be able to call the Sheriff and have her removed.

If I have to evict her do I have a case to make the parents pay for the eviction?  Since they allowed her to move in against the lease.

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Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
8y

It depends on your state and local landlord/tenant laws and what the lease states about guests.  In Virginia, unless they are an actual tenant listed in the lease, I can consider them  trespassing and call the authorities.  There are many states, however, where you would have to follow eviction procedures as if they were tenants because she's living there,  even without your permission.      

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  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    8y

    It depends on your state and local landlord/tenant laws and what the lease states about guests.  In Virginia, unless they are an actual tenant listed in the lease, I can consider them  trespassing and call the authorities.  There are many states, however, where you would have to follow eviction procedures as if they were tenants because she's living there,  even without your permission.      

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    The question is what do your state landlord tenant regulations say. You have been a landlord for 2 years and you should know. Go on line and study your Ohio regulations. You are required to know them. 

    In most cases you would need to evict all residents, parents and daughter. Bare minimum you will need to begin the eviction process on the daughter. She is your tenant.

    In light of the fact that you have little knowledge of the process you need to hire a lawyer.

  • Investor · Livingston, TN · Member since 2016 · 155 posts · 112 votes
    8y
    She’s trespassing. You can call the law on her.
  • Amherst, OH · Member since 2017 · 18 posts · 7 votes
    8y

    UGH.....got her to leave voluntarily basically just by starting eviction process....but mannnnn the mess they left me :-(

    Got the keys back Dec 1st

    10000's of dead fleas...bedbugs and spiders

    ruined 800sqft of carpet....and patches of the hardwood underneath

    left behind 20-30 boxes of junk and cupboards full of food

    bedroom walls are so disgusting with bedbug and spider residue I have no idea how they were living there

    they did leave me a fridge thats in nice shape though ha

    Let the clean up begin !   lol

  • Investor · TX · Member since 2015 · 393 posts · 290 votes
    8y

    @Robert Mouser, count your blessings, that's about as good of an outcome as you could have expected.

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