Check out some similar questions!

Vulnerable OH · Dec 30, 2008, 06:25 PM

I keep reading questions about people with horrible roommates wanting to kick them out, rightfully! But what about the people who are clean (more so than the roommate on the lease) and who pay their bills on time?

My roommate signed the lease on our apartment without me there (my boyfriend was coming home from Iraq and I was not available). When I voiced a problem with her being the only one on the lease, I was put on the lease not as a leaser, but as an authorized roommate since the paperwork was already done. Basically, I think being an authorized roommate means that, in case I lock myself out of our apartment, the leasing company can let me in without her approval and I can call for maintenance, if needed.

The problem is that, though we've been friends for over 10 years, we recently had a fight that could threaten our friendship. (It has nothing to do with the apartment.) I am fine living there and not speaking to each other ~ neither of us is malicious or would damage either person’s property. However, she says that she cannot continue living in an uncomfortable situation.

She is threatening to kick me out of our apartment since she is the only one officially on the lease. I am hoping that we will eventually be able to move past this point in our friendship and resolve our issues; however, if this does come to a head, I am wondering what legal rights I do have.

I've read the postings from others on this site where they have been told that they must give their roommate 30 days notice to vacate. However, I do not wish to leave and 30 days certainly would be hard to work with right now financially. I've heard the term "squatter’s rights" thrown around, but am unsure of the definition of what that is and if it even applies. Also, if I am not hurting the property, violating the terms of the lease and am paying rent and bills on time, what legal standing does she have?

Our lease is over in May and I would prefer staying here until that time. Please advise if there is anything that I can do legally to stay in our apartment. I really would appreciate any help that you can provide!

Vulnerable in OH

ScottGem · Dec 30, 2008, 06:57 PM

I don't think she can make a move. Unless you violate the terms of the lease, she has to honor it. But she does not have to renew the lease.

Vulnerable OH · Jan 5, 2009, 07:03 PM

Apparently, unless I hear differently from someone soon, I am being kicked out. She talked to the management company and they said that since I am just listed as an occupant, she can have the locks changed after 30 days and there is nothing that I can do about it.

Is there anyone who knows the laws in Ohio who is able to give me anytime of recourse? As I said, I'm not in a place financially to be able to pay first and last month rent plus a security deposit when I've got that money that I've already paid tied up into this apartment and won't see that money for another 5 months.

I certainly don't want to live with her under these conditions, but I simply cannot afford to leave. Is there ANYTHING that I can do? Do I have ANY rights at all?

LisaB4657 · Jan 5, 2009, 07:28 PM

If you have been paying rent then you are a tenant and cannot be kicked out without a formal eviction.

If she changes the locks, call the police.

Fr_Chuck · Jan 5, 2009, 07:40 PM

Yes you can be evicted since you sub rent from your friend. They have the lease, you rent from there without any formal written agreement.

So they can give you notice to move but not legally lock you out

ScottGem · Jan 5, 2009, 08:09 PM

Just to clarify the seeming difference between Lisa's and Chuck's responses. Yes, you can be evicted. But no, you can't be locked out.

Locking someone out without a court order is illegal in all states. Either she is lying about what the management company told her or they don't know the law.

However, since you aren't on the lease as a tenant, then she is your landlord and you are her tenant. But without a lease you are considered a month to month tenant. This means she can give you 30 days notice to vacate. If you don't vacate then her next step is to go to housing court for an eviction order.

So what I would do is go back to her and tell her that you don't want to live where you aren't wanted. But you need time to find a new place. And that you will move as soon as you can.

Advise her also that if she changes the locks it will be considered an illegal eviction and you will be forced to sue her for damages.

If she doesn't give you more time, then you will have to work through the eviction process.