What to do when a landlord is not following the eviction process?

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What to do when a landlord is not following the eviction process?

She called and left a message saying she is moving her daughter in to the house.

Asked on January 17, 2013 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A residential tenant may only be evicted through the courts and only for good cause; the landlord may not simply make you leave or lock you out otherwise, and if the landlord does try to lock you out improperly, you could bring a legal action seeking a court order letting you back in and/or seeking monetary compensation.

The most common good causes for terminating tenancy:

1) If you are a month-to-month tenant, the landlord may terminate your tenancy at any time, for any reason, on a month's notice.

2) Nonpayment of rent.

3) Tenant violation of terms or conditions of the lease.

4) Tenant destruction of landlord property.

5) Tenant disturbing the peace of other residents.

6) At the expiration of the lease, if there is a written lease for a definite period of time (e.g. a one year lease).

7) If the lease otherwise lets the landlord evict you (such as on 60 day notice) and the landlord complies with its terms.

Again, the landlord cannot simply decide to evict you, unless you are a month to month tenant and the landlord gives you 30 days notice, or unless a written lease specifically lets the landlord evict under certain circumstances; otherwise, there has to be good cause.

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 AttorneyPages.com 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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