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cidmor · May 12, 2009, 05:41 AM

I am asking this for my daughter. We are in Ohio. Her and her boyfriend moved in an apartment, they both are on the lease but only she signed it. She wants him to leave. They have even had the police up there, but they say as long as he is on the lease there is nothing they can do even though he has not signed.
Thanks for your help, I've been searching but have come up with nothing. Cidmor

stevetcg · May 12, 2009, 06:23 AM

This is an issue to take up with the landlord. However, chances are they will just have him sign the lease and that will be that. The landlord is probably not too concerned with what your daughter wants... just getting paid. Its actually in the landlords best interest to get the boyfriend to sign... that way he has 2 people to go after should the need arise.

cidmor · May 12, 2009, 06:40 AM

Thanks for your answer. She does not want him to sign the lease although he is listed as a tenant. She wants him out of the apartment. The police was there and they said he was on the lease so they could not force him to go. What I am asking if he is a legal tenant with out actually signing?
Thanks

stevetcg · May 12, 2009, 06:43 AM

Yes, he is a legal tenant and his not signing is an issue for the landlord.

Was he listed as a resident or a signee but never got around to signing the paperwork?

The police are right though - he has a legal right to be there and in order to get him out, he will need to be legally evicted. His status on the lease will dictate who needs to be the one doing the evicting. If he is a resident, your daughter can evict through the legal process of your area because technically, she is his landlord. If he is a signatory to the lease, the landlord will have to be the one to evict.

cidmor · May 12, 2009, 06:53 AM

Thanks. What a mess. So I guess what you are saying he has the right to stay there until the lease is up(4 more months) and make her and the kids lives miserable. (they were never married) or just get evicted and try to find another place with out him. So if she were to leave and he stayed there, I'm sure she would still be legally accountable. So since she actually signed the lease and he didn't, and all the rent was paid by her checks, SHE would have to have him evicted, not the landlord. YIKES!!
Thanks, I guess she will have to stay there and be miserable.
Cidmor

stevetcg · May 12, 2009, 06:56 AM

No - that's not entirely accurate. It all comes down to how the lease is worded. If he was supposed to sign as a tenant and just never got the paperwork done, then it's the landlord's issue. If the lease is in your daughter's name alone and he is just there as a resident (meaning your daughter is the only one legally responsible to the landlord) then she hands him a 30 notice of eviction. If he refuses to leave, she goes to court and files eviction proceedings against him and the court orders him to leave.