Legal Issues Kicking a Relative Out ? (Cincinnati: for rent, eviction, house)

[illaspero]

My cousin has been living with my husband and I for the past year, she has from almost day one been extremely difficult and we have finally had more than we can take. We live in Cincinnati Ohio, (Clermont County) and since she has NEVER paid us one dime for rent, nothing... Do we have to do anything legal to kick her out to cover ourselves or can we tell her she's got 30 days to get out or we're throwing her stuff out....?

Any accurate information would be greatly appreciated.

[joe from dayton]

You have an oral agreement that she can live there, so she is a tenant and you are a landlord (even though you have never been paid). You need to serve her a 3 day notice to vacate. The notice must legally have specific wording to be valid; you can buy them off the web for 5 or 10 dollars. The 3 days is 3 business days, not including the day of posting/service. After 3 business days you need to go to court and file a request for eviction. A hearing will be set and the case will be heard by a judge. She can appear and defend herself. The judge will make a ruling within a week or two. If she is still around, a deputy sheriff will come out and remove her. Hopefully she will get the idea and leave after you serve her with a notice to vacate.

[jlawrence01]

I have a different approach that may be easier and less expensive than a full blown eviction process.

Sit down with her and invite her to leave. Offer her $200 or so to leave the premises in lieu of eviction. Once she leaves, change all the locks.

[kjbrill]

Originally Posted by illaspero

My cousin has been living with my husband and I for the past year, she has from almost day one been extremely difficult and we have finally had more than we can take. We live in Cincinnati Ohio, (Clermont County) and since she has NEVER paid us one dime for rent, nothing... Do we have to do anything legal to kick her out to cover ourselves or can we tell her she's got 30 days to get out or we're throwing her stuff out....?

Any accurate information would be greatly appreciated.

Even though it is oral, oral contracts are valid. The fact you did not require payment originally is just a complication, you do have the right to change your mind with sufficient notice. Rather than a do it yourself procedure, which may backfire, I would consult the county court on the process to effect an eviction. It may take a little longer but is more assured of your coming out clean.

[CarpathianPeasant]

Perhaps if you explained why she is considered difficult, someone may have an answer so you do not have to do anything. And, you gave her space for some reason -- does the reason still exist?

[kjbrill]

Originally Posted by CarpathianPeasant

Perhaps if you explained why she is considered difficult, someone may have an answer so you do not have to do anything. And, you gave her space for some reason -- does the reason still exist?

I perceive the reason was very simple, she was family. But now the circumstances have changed, she has become a disruptive and also expensive influence. I would take the longer but more sure avenue by serving her with a formal eviction notice from the court of the county you live in. This should not be difficult to obtain. Let the Sheriff serve it. If you attempt to circumvent the process she may come back to bite you.

[CarpathianPeasant]

Originally Posted by kjbrill

I perceive the reason was very simple, she was family. But now the circumstances have changed, she has become a disruptive and also expensive influence. I would take the longer but more sure avenue by serving her with a formal eviction notice from the court of the county you live in. This should not be difficult to obtain. Let the Sheriff serve it. If you attempt to circumvent the process she may come back to bite you.

Where does the opening post say "expensive influence"?

And, why would exploring all possible avenues be foolish? Family enemies, after all, tend to be around longer than any other kind.

[jlawrence01]

Originally Posted by CarpathianPeasant

Where does the opening post say "expensive influence"?

And, why would exploring all possible avenues be foolish? Family enemies, after all, tend to be around longer than any other kind.

Agreed. Not only will you be persona non grata for life with the evictee, but you can count on half the family agreeing with the cousin.

[kjbrill]

Originally Posted by CarpathianPeasant

Where does the opening post say "expensive influence"?

And, why would exploring all possible avenues be foolish? Family enemies, after all, tend to be around longer than any other kind.

I took extremely difficult and never once paying anything in the form of rent to also mean expensive. You are correct that family enemies and feuds tend to stick around for a long time. My father seemed to always be the peacemaker in his and my mother's families. I took this to be a result of his mother dying when he was two years old and he and his sister being passed around among various family relatives since my grandfather was in no position to provide a home for them. In his late teens dad finally went back to live with his father who had remarried and he had five younger step brothers and sisters. He and his father went into business together and were quite successful over the next 50 years or so.

Dad had an extremely sentimental regard for family, especially around the Holidays. Whenever a rift would occur within the family, dad would invite everyone to our house for a Holiday party. He would just neglect to inform the waring parties he had invited everybody. You could slice the air with a knife when everyone showed up.