Updated over 5 years ago on . Most recent reply
Tenant Not On Lease Won't Leave!
Hello BP, so I was informed by my tenant today that she has been allowing a woman (friend of hers) above the age of 18 live with her for the past 1.5 months. The woman moved to Ohio from Texas and has gotten a job here. My tenant now wants this woman out of her apartment and she is refusing to leave. This woman paid my tenants December rent without my knowledge and is now stating she needs a 30 day notice before she can leave the premises. I inherited this tenant and the lease she is on. She is a good paying tenant and I would like to get this woman removed, however, the lease I inherited doesn't state that the tenant is not allowed to move other people in. Does the Ohio Revised Code cover that or would that have needed to be in the lease? Could I issue a Notice to Remedy to remove the woman even though that is not in my lease? Or would that not be valid for this situation/hold up in court? I assume I should talk with an attorney but should I charge my tenant or the other woman for those costs?
Any help would be great! Thank You!
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#1 Legal & Legislation Contributor
What does your lease say about 'guests'? If there is a clause that states guests are only allowed for 2 weeks or that anyone over 18 must be on the lease, they are in violation of the lease and you can evict them and all occupants regardless of the ban.
If the 'guest' paid the rent for the tenant, but you got the money from the tenant, that is between them and the tenant can either consider it a gift or loan from their friend. That's their problem as you got the rent the same as you always do from the tenant. The guest's name is not on the lease.