[OH] [OH] My tenant moved in an unauthorized occupant and claims that they are legally entitled to 90 days without eviction. Is this true?
A tenant moved a woman and her kid in without telling me and they aren’t on the lease, so in my mind it’s a breach of contract for having additional people living there. But now they’re saying they have 90 days because a kid is living there.
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In Ohio, there is no law that automatically grants a tenant 90 days to stay in a rental unit simply because a child is present in the home. The presence of a minor does not override the terms of the lease or protect unauthorized occupants from eviction.
Here’s how this situation breaks down:
Lease Violation
If your lease clearly states that only the named tenants may reside in the unit, then bringing in an unauthorized adult and child without your permission is a breach of lease. That gives you grounds to issue a Notice to Cure or Quit, or move forward with a Notice to Terminate Tenancy (depending on what your lease and local court expects).
Unauthorized Occupants
You are not legally required to accept or allow unauthorized occupants. The fact that one of them is a minor does not give them tenant rights, especially if their parent is not on the lease.
90-Day Rule Misunderstanding
The “90 days” claim is likely confusion with federal law under the Protecting Tenants at Foreclosure Act (PTFA), which requires 90 days’ notice after a foreclosure under certain conditions — but it does not apply to standard landlord–tenant situations involving lease violations.
Eviction Options
- If you intend to proceed:
- Serve the proper notice to vacate based on lease violation.
- If they don’t comply, move forward with a forcible entry and detainer (eviction) action through your local court.
- Let them know Ohio law does not grant 90 days of protection just because a child is present.
You are not required to allow unauthorized persons to remain in the unit.
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A tenant moved a woman and her kid in without telling me and they aren’t on the lease, so in my mind it’s a breach of contract for having additional people living there. But now they’re saying they have 90 days because a kid is living there.
Lexi, Chatbot
I’m sorry to hear about the situation with your tenant. Have you spoken to the tenant about the unauthorized occupants?
Was just brought to my attention.
Lexi, Chatbot
Are there any specific clauses in the lease agreement regarding additional occupants or notification requirements?
It states only the two people on lease are permitted to live there.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with unauthorized occupants.
Tenant is wanting to use the unauthorized occupant’s child as a reason to get an additional 90 days. So basically want to know if there’s any law that prevents me from evicting someone with a kid and does that extend to other people that’s not on lease.
Richard
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important and I’m working on typing an answer to your question now. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to other.
What state are you in?
Ohio.
Richard
Did they cite any statute or law to support this ninety days?
No just a statement saying a kid’s living there so by law he has 90 days.
Richard
In Ohio, there is no law that automatically grants a tenant 90 days to stay in a rental unit simply because a child is present in the home. The presence of a minor does not override the terms of the lease or protect unauthorized occupants from eviction.
Here’s how this situation breaks down:
Lease Violation
If your lease clearly states that only the named tenants may reside in the unit, then bringing in an unauthorized adult and child without your permission is a breach of lease. That gives you grounds to issue a Notice to Cure or Quit, or move forward with a Notice to Terminate Tenancy (depending on what your lease and local court expects).
Unauthorized Occupants
You are not legally required to accept or allow unauthorized occupants. The fact that one of them is a minor does not give them tenant rights, especially if their parent is not on the lease.
90-Day Rule Misunderstanding
The “90 days” claim is likely confusion with federal law under the Protecting Tenants at Foreclosure Act (PTFA), which requires 90 days’ notice after a foreclosure under certain conditions — but it does not apply to standard landlord–tenant situations involving lease violations.
Eviction Options
- If you intend to proceed:
- Serve the proper notice to vacate based on lease violation.
- If they don’t comply, move forward with a forcible entry and detainer (eviction) action through your local court.
- Let them know Ohio law does not grant 90 days of protection just because a child is present.
You are not required to allow unauthorized persons to remain in the unit.
Thank you, that answers my question.
Richard
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