7 months ago my friend moved in to my parents house that I live at by myself. She never signed a lease but was supposed to pay $200 a month. So far we have received 160 total. I have been paying utilities food etc... after confronting her about the filth that accumulated while I was away for 2 weeks, she got mad and said she would be out the next day (a Saturday). Sunday I asked when she would be by to get her stuff and she said whenever she has time. Keep in mind she has no job and is now living 5 minutes away. She has no furniture just clothes. I told her she had till 7pm after that she would have to shcedule when me or my mom was here. I say this because she went through my room and took my stuff while I was gone and am afraid to give her unsupervised entry now tha she is mad. We are not going after her for back rent or bills we just want her to remove her stuff as she said she would and be gone. She is claiming I can not deny her entry at anytime home or not and that now we have to file eviciton to get her stuff (again she is already living back home). Is any of this true? What can we do to get our house back since I want peace and to rid of the bug infestation she caused? I took pics of all the issues after she said she wanted to leave. I'm in lucas county Ohio

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Originally Posted by luna669

7 months ago my friend moved in to my parents house that I live at by myself. She never signed a lease but was supposed to pay $200 a month. So far we have received 160 total. I have been paying utilities food etc... after confronting her about the filth that accumulated while I was away for 2 weeks, she got mad and said she would be out the next day (a Saturday). Sunday I asked when she would be by to get her stuff and she said whenever she has time. Keep in mind she has no job and is now living 5 mins away. She has no furniture just clothes. I told her she had till 7pm after that she would have to shcedule when me or my mom was here. I say this due to the fact that she went through my room and took my stuff while I was gone and am affraid to give her unsupervised entry now tha she is mad. We are not going after her for back rent or bills we just want her to remove her stuff as she said she would and be gone. She is claiming I can not deny her entry at anytime home or not and that now we have to file eviciton to get her stuff (again she is already living back home). Is any of this true? What can we do to get our house back since I want peace and to rid of the bug infestation she caused? I took pics of all the issues after she said she wanted to leave. I'm in lucas county ohio

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You need to evict her under Ohio law: Chapter 5321: LANDLORDS AND TENANTS - Ohio Statutes.

If you have or do lock her out she has a legal action against you. Whether she paid rent your house was her residence.

She needs to be evicted if you want her out.

So basically even though it was her choice to move and she has had almost 3 days to move her few things left (literally 2 carloads max). Again she stated it would be out by sat. She has zero proof of residency other than what's in the house since she still uses her parents address which is where she's been living. I have to file eviciton and let her have free reign to take all my stuff? How is it homeowners have no rights here? I just want a safe healthy environment for my child and I. She said she was moving out and I wasn't going to stop her. Now she is dragging her feet to move her stuff and the bags of garbage just cause she can. I'm not saying she can't come get it, I just don't want her in the house unsupervised.

This basically means that I can walk into a friends house spend a few nights and then refuse to leave cause I have every right to stay until I'm evicted?

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Originally Posted by luna669

This basically means that I can walk into a friends house spend a few nights and then refuse to leave cause I have every right to stay until I'm evicted?

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If you don't want legal advice, don't post here. Ask your friends.

I am telling you what the law is. Do whatever you want. I'm not going to argue various scenarios with you.

So lock her out, burn her stuff, do whatever you feel justified in doing. Then call an Attorney because you might need one.

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Originally Posted by luna669

This basically means that I can walk into a friends house spend a few nights and then refuse to leave cause I have every right to stay until I'm evicted?

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Oh, I'm sorry. I thought we were talking about a seven month stay with "stuff" in your house.

No, if she walked in, spent a few nights, didn't bring in any "stuff," the scenario you are arguing, you can just lock her out.

I must have misunderstood the question and the circumstances that cause her to be considered a resident under Ohio law.

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Originally Posted by luna669

... I'm not saying she can't come get it, I just don't want her in the house unsupervised.

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The thing is, she was your tenant. Therefore she has the right to remain there until she either voluntarily moves or you get a court order that she be evicted.

If she has moved but left her stuff in the house, you could change the locks and give her a reasonable opportunity to get her stuff. She could, however, claim that she hasn't moved yet and therefore any attempt by her to restrict her access (changing the locks, for example) might be the basis for a claim of damages. I don't see a court agreeing with such a claim, nor do I see any actual damages she could prove, but that would be her argument.

I wasn't arguing and didn't mean to come across as such, just trying to understand that my mom as a homeowner has zero rights to her house when my now former roommate (aka friend I allowed to stay for 6 months who did not pay bills or rent) says that she doesn't have to get all of her stuff. Most of which she has moved. I have made myself available for her to come over all weekend even though she said she was going to have it out by Saturday. She moved out and has not been here except to pick stuff up since Friday afternoon. I'm not denying her entry when we are home but since she has a history of stealing my things I don't want her here when no one is home. So basically what I'm hearing is we are screwed. We have no proof of her as a tenant other than her stuff and she has no proof of this as her residence other than her stuff. How do you file eviction when you have no proof? And this means I can't enter my guest room to get rid of the festering garbage and bugs to save my furniture etc until she has been evicted?

I'm not trying to be dificult I just really honestly don't understand how someone who doesn't have signed paperwork or anything has more rights in someone else's home than the homeowners themselves do.

OK, No your mother doesn't have zero rights, but you accepted your friend as a tenant and that gives her rights.

You can go in and clean up the room as long as you don't damage her stuff. The question is whether you can prove she agreed to leave or not. If you can, you can change the locks. If not, you risk a lawsuit for an illegal eviction. Personally, I doubt if it will fly as well.

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Originally Posted by luna669

I'm not trying to be dificult I just really honestly don't understand how someone who doesn't have signed paperwork or anything has more rights in someone elses home than the homeowners themself do.

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Sorry, this sounded argumentative and so I responded in kind: "This basically means that I can walk into a friends house spend a few nights and then refuse to leave cause I have every right to stay until I'm evicted?."

I don't know if there were flies and festering garbage when she lived there. I don't know what "stuff" she has at the house. I only know (and I owned quite a bit of property at one time) that you can never predict what a tenant will do. A lot depends on who has her ear at any given time.

I had people who couldn't come up with the rent and collected cans for a living sue me for their $5,000 stereo system. Right, they had a stereo system. I doubt they had a radio.

But I digress - I'm cautious. If the two of you separated on semi-good terms, lock her out.

Just be prepared if she doesn't go quietly.

I do have text messages from her stating that she was moving out and that she was staying at her parents, that she would get her stuff by Saturday. It took us two carloads to move her in, she has been back 3 times to get stuff and has about 2 more trips. I have made myself available since Friday evening when she said she was moving out. I told her not to enter after 7pm tonight as I do not want my daughters bedtime disturbed and that we would be here after 5 again tomorrow. She has since blocked me from communication so I can not give her other times beyond that. If she needs to she knows my mothers number and can call her for entry since mom is out of work. Wouldn't claiming and excercising her rights as a tenant open her to liabilty for the rent etc she never paid?

Sure it does and your mom has every right to go after her for the rent she agreed to. As you can see the rights things works both ways.

So she would be smart to just get her stuff and stop with the threats seeing as she would owe us about $2000 not counting damages to property? Well seeing as we are technically available 24/7 if she took the initiative to call one of us then I am not leaving my house wide open for her (or anyone) to enter. I figure if she calls the police the won't give her entry till Mom is here anyway, and then they would probably tell her to get it and go (since her reason for calling is that she wants her stuff that she is dragging her feet getting come to get). She can't claim damages when no one was here to damage it and my guess is a judge would ask why she didn't get it when she said she would if she was concerned about damage being done. I have photos of everything including where its placed so that when I try to clean the bugs etc she can't say I ruined her stuff or even touched it. So far it seems the risk I'm taking outweighs the risk of allowing free reign.

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Originally Posted by luna669

So she would be smart to just get her stuff and stop with the threats seeing as she would owe us about $2000 not counting damages to property? Well seeing as we are technically available 24/7 if she took the initiative to call one of us then I am not leaving my house wide open for her (or anyone) to enter. I figure if she calls the police the won't give her entry till Mom is here anyway, and then they would probably tell her to get it and go (since her reason for calling is that she wants her stuff that she is dragging her feet getting come to get). She can't claim damages when no one was here to damage it and my guess is a judge would ask why she didn't get it when she said she would if she was concerned about damage being done. I have photos of everything including where its placed so that when I try to clean the bugs etc she can't say I ruined her stuff or even touched it. So far it seems the risk I'm taking outweighs the risk of allowing free reign.

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I would certainly agree.

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Originally Posted by ScottGem

I would certainly agree.

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It may not be the most legally sound route but at least I know I'm not that far off base in just wanting to protect my home. Considering she just went through court proceedings for previous roomates claiming she took their stuff when she moved out (she has 4 previous evictions, my fault for not doing background first) I would think she would want the security that I was present when she took her things. That way I can't come back later saying stuff is missing, it covers both of us really.

Just a minor point here, its your mother's house so she is the landlord.

A

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Originally Posted by ScottGem

Just a minor point here, its your mother's house so she is the landlord.

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Despite me letting said friend move in against moms wishes she is in complete agreement with the precautions I want to take. She knows she will be the one to get the call from the township if my friend can't get in tomorrow since I guarantee she will not call my mom first to just let her in.