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helphelpme · Feb 6, 2014, 10:43 AM

Can I be kicked out of my place of living, even though my rent and utilities are paid? I live with a roommate, his name is on the lease not mine, I have lived here since July 2013.

smoothy · Feb 6, 2014, 10:49 AM

He can evict you... but not simply kick you out. (very different things).. technically HE is your landlord and he's subletting a room to you month to month as he has a lease and you don't..

Start looking for a new place to live... exctaly what state you reside in determines the eviction laws that apply. But they can be in as little as 2 weeks... to as long as 2 months notice.. And without a written lease that is not in breach... you have no rights to continue as long as the legal produres are followed.

ScottGem · Feb 6, 2014, 10:53 AM

Depends on how you define "kick out". If you mean can he just throw you and your stuff out the door without notice, the answer is no. But if you mean can he legally force you to leave, the answer is yes definitely. Since he is the leaseholder that makes him your landlord and you his tenant. Since you have no lease, you are what's know as a "periodic tenant". If you pay rent monthly, that means month to month. So he can give you written notice in the proper time frame to vacate. If you do not vacate, then he can go to court to obtain an eviction order. With such an order, he can have a sheriff physically remove you.

What is the proper time frame? Depends on location. Any question on law needs to include your general locale as laws vary by area. Since your rent is paid, unless there is some other problem he would have to give you anywhere from 15 to almost 60 days notice.

helphelpme · Feb 6, 2014, 11:03 AM

Well we live in Ohio, he just brought this up within the last couple weeks, no written notice has been given, I am paid up through today

smoothy · Feb 6, 2014, 11:05 AM

Ohio I believe is a 30 day notice state... I recommend you start looking for a new place now while you still have time to pick and choose. You know whats coming.

helphelpme · Feb 6, 2014, 11:07 AM

Originally Posted by helphelpme

Well we live in Ohio, he just brought this up within the last couple weeks, no written notice has been given, I am paid up through today

So I do not have to leave today then? I do not have anywhere to go considering I have given him all my money.

smoothy · Feb 6, 2014, 11:09 AM

No.. inform him he legally has to serve a notice in writing,. let him take the time to figure it all out. If he locks you out... thats called a constructive eviction and isn't legal... call them and the police would let you back in.

If you had been there only a few weeks......then he could tell you to leave today. You've been there long enough to be considered a tenant and not a visitor.

Process is very roughly this......He serves you notice to vacatre in writing (in compliance with that states eviction laws).

You have that ammount of time to leave....if you don't he goes to court to have the eviction enforced....when he wins the Sherriffs arrive and put you and your property out on the street . How long that takes depends on if the courts are backed up, and if so how long.

He can ask you to leave.....and thats legal....but before he changes the locks and tosses your stuff out the window...the legal process has to be followed.

helphelpme · Feb 6, 2014, 11:11 AM

Originally Posted by helphelpme

So I do not have to leave today then? I do not have anywhere to go considering I have given him all my money.

So he will have to go to court? Or will he have to just give me a 30 day notice and if so from today or what? I am confused, thanks for all answers.

So do I continue to still pay him rent, when and if he gives me a 30 day notice in writing>??

smoothy · Feb 6, 2014, 11:21 AM

You pay him... or he can sue you for it when its over... he will be entitled to it.

He gives you the 30 day notice... (use it to find a new place) after that he goes to court and he will win... how much extra time that buys you will vary by the courts workload.

The last thing you want is to have to take the first place you find because the sherrifs put you and your stuff on the street.

I recomend a check...not cash..something you can prove payment with. With for example...March 2014 rent written on the bottom

ScottGem · Feb 6, 2014, 11:22 AM

Here is the law:
Lawriter - ORC - 5321.17 Termination of tenancy.

He has to give you notice 30 days prior to the date your rent is due. So if rent is due on the first of the month. He cannot require you to vacate before April 1. Notice must be in writing and specify the date by which you have to vacate. He only has to go to court if you have not vacated by the date in the notice.

talaniman · Feb 6, 2014, 11:24 AM

Just curious why you are being evicted if your rent is paid up?

Having nowhere to go when the landlord says you have to go, is no excuse for not leaving. So leave and let him get his rent money through the court. I bet when you agreed to move in, you didn't make a plan on how to leave, or when if something were to happen. You do now.

joypulv · Feb 6, 2014, 12:49 PM

There are circumstances that can get you out sooner, such as illegal activities.
Care to tell us why he is so angry? Is it over money? Do you pay late? Did you break anything of his?

(Or eating his food, being a slob, noise, hogging the bathroom, all that stuff that goes with not getting along... )

ScottGem · Feb 6, 2014, 12:52 PM

Whenever you rent, you are entitled to stay only as long as you have a standing lease. Since you have no lease, you only have rights to stay for the period required by law (or the lease) before you must vacate.

helphelpme · Feb 8, 2014, 10:46 AM

No, I am paid up with rent and utilities, no illegal activities, he just said he decided he didn't want a roommate anymore, he has now laid a letter within my view, it is handwritten, it has my first name, and the body of the letter states, this is your 30 day notice for address said, signed with his name. is this enough to be deemed legal, he has threatened to throw my belongings out as well as me, is there anything I can do legally????

talaniman · Feb 8, 2014, 11:56 AM

I refer you to ScottGems post #10.

ScottGem · Feb 8, 2014, 01:15 PM

Yep, my reply (#10 in this thread) gives you the info you need.

That note may or may not be entirely legal. The law says he has to give notice "at least thirty days prior to the periodic rental date." So when is rent due? If its due March 5, then its legal. (even though Feb has only 28 days, I think it would be accepted). If its due March 1, then its not enough notice.

If he is giving you less than 30 days prior to the rental due date, then I would print out the law show it to him and tell him you will be out by the rental due date more than 30 days from now. Then start looking for a new place.

Even if you don't vacate by the due date, he can't physically kick you out, he has to go to court for an eviction order. But you don't want to let it get that far.

Bottom line is he has the right to terminate your tenancy. As long as he does it according to law.

AK lawyer · Feb 8, 2014, 05:46 PM

I don't know that, if a landlord illegally ousts ("kicks out") a tenant such as this, police can force the landlord to let the tenant back in; I suspect the tenant would have to sue for damages. But it may depend on how things are handled in the specific locality.