If I bought a house for my son and girlfriend to rent but now he’s moving out, what can I do if she wants to stay?

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If I bought a house for my son and girlfriend to rent but now he’s moving out, what can I do if she wants to stay?

I bought a house for my son his girlfriend and my granddaughter to rent from me fairly cheaply. Now, he is moving out. There is no lease but an agreed upon rent has been paid and is up to date.

Asked on January 20, 2017 under Real Estate Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

Whether or not she has a written lease, since this woman pays rent she is a full-fledged tenant under the law. Accordingly, in order to get her out, you will have to serve her notice. Since she has an "oral" lease, you can give her a 30 day notice to quit. If she fails to vacate the premise at that time, then you will have to file an "unlawful detainer (i.e. eviction). In the meantime, take no steps to get her out through self-help measures such as removing her belongings or changing the locks. If you do you could find yourself getting sued for unlawful eviction. For the specifc process and procedures for lawful eviction you can check online, with a local real estate attoreny, or with a legal services organization.


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