Can I legally evict my husband?

My husband and I reside in the same apartment and have 3 children together. We are not getting along; I constantly find evidence of him cheating. The place where I dwell is owned by my landlord and we have been living here for over a year and no longer sign a yearly lease. I am under the impression that we are now month-to-month tenants.

Asked on June 12, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Yes, you are month to month tenants of the landlord.  You both have the same legal rights under the law to live there.  Neither of you can evict the other as you do not have "standing"  - the legal right - to do so.  You are not the owner.  I would discuss your options with an attorney in your area.  Good luck.

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