I get so many questions concerning evicting an ex-boyfriend, ex-girlfriend, spouse, son, daughter, relative, squatters, etc., that I have finally sat down to write a post about it. The first question I ask is whether there was any duty to pay rent on the part of the former significant other, relative, squatter, friend, etc.
Rent can be an agreement to pay anything on a monthly basis. For example, there could have been an agreement that the former significant other pay the utility bills every month. This monthly payment would be considered rent. I have seen other cases where the former significant other agreed to pay the property taxes and failed to do so. This agreement to pay property taxes on a yearly basis could be construed as a form of rent. If there was an agreement to pay some sort of rent on a regular basis and the former significant other has failed to do so, this will make your job easier. Your first step would be to give your former significant other a three day eviction notice for the nonpayment of rent.
Do not serve the three day eviction notice by text, email, direct message or the like. Hand it to your former significant other in person or tape it to the front door of the dwelling. You can also take a picture of the notice posted on the front door. Keep a copy of the notice as well if you have to proceed to court. After the notice has been served, you have to wait three business days to determine if the former significant other vacates. If not, then you have the ability to proceed with an eviction action in court.
SCENARIO #2 – there is no obligation to pay rent by the former significant other, squatter, friend, resident. If there was no agreement to pay rent then you have a more difficult task. Before the first of the next month, you need to provide your former significant other with a notice of termination of month to month tenancy. For example, if today is March 10, you need to give this notice before March 31. If you do so, your former significant other must vacate on or before April 30. If you give the notice on April 1 or later in April, your former significant other has until May 31 to move out. Timing is important.
With no duty to pay rent, you need to terminate their month to month tenancy unless there is a written lease; however, it is rare that a written lease has been agreed to and signed by family members or significant others. Without a written lease, it is generally presumed under Ohio law that a month to month tenancy exists between family members or significant others. You need to end this month to month arrangement as set out above.
If the former significant other fails to move out by the time indicated on the notice of termination of month to month tenancy, you can then serve him/her with a three day eviction notice on the day following the last day to move out. When that second notice expires, you have the right to proceed with an eviction action in court.