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juju1957 · Jun 13, 2009, 04:49 PM

My niece wants to kick her boyfriend out of their house, which they rent. He has been in and out of jail and is a daily heroin user and keeps various items of paraphanalia in the house. They have a 21 month old and a 9 yr old daughter but are unmarried. The police have told her that she needs to evict him. How would this be done and where would I be able to download a proper form to do this. We live in the state of Ohio.

excon · Jun 13, 2009, 05:01 PM

Originally Posted by juju1957

My niece wants to kick her boyfriend out of their house, which they rent.

Hello juju:

The issue isn't how many times he's been in jail. The issue is who can evict who. You say "they" rent the house. Assuming that's so, they are co tenants and one can't evict the other. If it's NOT so, then she needs to follow the landlord/tenant law for the state of Ohio. We have a copy right here at the top of the real estate page on a sticky note.

excon

Fr_Chuck · Jun 13, 2009, 05:02 PM

First if his name is on the rental agreement she most likely can not just "kick" him out.

She could perhaps call the police to the house and turn all of his "drugs" over to the police and let him get arrested.

If just her name is on the rental she can give him a 30 day notice to move out and then go down to the housing court and file for eviction if he will not move. Normally you will need to go down in person and file the forms but only after giving them notice

She may well just have to move.
Since I will assume the kids are "theirs" she will need to file for custody of the kids and support

juju1957 · Jun 13, 2009, 07:45 PM

Originally Posted by Fr_Chuck

First if his name is on the rental agreement she most likely can not just "kick" him out.

She could perhaps call the police to the house and turn all of his "drugs" over to the police and let him get arrested.

If just her name is on the rental she can give him a 30 day notice to move out and then go down to the housing court and file for eviction if he will not move. Normally you will need to go down in person and file the forms but only after giving them notice

She may well just have to move.
Since I will assume the kids are "theirs" she will need to file for custody of the kids and support

Thank you for your answer! His name is not on the lease but after he got out of prison and was clean she let him move back in after the multitude of promises he made to her for the trillionth time. Actually the "He" is my nephew and the "She" is his girlfriend of 10 years and the mother of my great-niece and great-nephew. I love my nephew with all that I have and our entire family has supported him and supported him with his treatment and everything we could... but the truth is that until she allows him to reach his "bottom" he will not be able to turn things around before he either takes that lethal overdose or ends up back in prison. I will advise her to give him a 30-day notice and then allow the courts to do their job. Thank you again.

juju1957 · Jun 14, 2009, 06:00 AM

Hi Excon
Correct the issue is not that he was in jail... but I do believe that what he was in FOR is a contributing factor. He has been in for possession of heroin, drug abuse and last but not least, failing court order drug tests while on parole and had to serve the rest of his time on the shelf. Trust me, I love my nephew as much as I do my own children, and I know some about law and too much about addiction in the family so therefore had I not been inclined to relate my nephews convictions with his current active addictive behavior I would not have considered it pertinent. And no, his name is not on the lease.

ScottGem · Jun 14, 2009, 06:12 AM

There is another way to go here Chuck alluded to. Have her call the police and report his drug use. Or call his PO and report him. When he's arrested, she goes to court for a restraining order against him. This will inhibit him from returning to apartment. It's a faster way then going through the formal eviction process.