[OH] [OH] Can I evict for unauthorized tenants?
A tenant moved a woman and her kid in without telling me, and they aren't on the lease — so I think that's a breach of contract for additional occupants. 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. The presence of a minor does not override the lease or protect unauthorized occupants from eviction.
Here’s how this breaks down:
- Lease violation: If your lease limits occupancy to the named tenants, bringing in unauthorized occupants (adult or child) is a breach and gives you grounds to serve a Notice to Cure/Quit or a Notice to Terminate Tenancy depending on the situation
- Unauthorized occupants: You are not required to accept unauthorized occupants. A minor living there does not, by itself, create tenancy rights for that person.
- 90-day rule misunderstanding: The “90 days” people sometimes cite is a federal rule tied to foreclosure (PTFA), not to ordinary lease violations. It does not apply here.
- Eviction options: Serve the proper notice based on the lease violation. If they don’t comply, you can file a forcible entry and detainer (eviction) action in court.
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A tenant moved a woman and her kid in without telling me, and they aren't on the lease — so I think that's a breach of contract for additional occupants. Now they're saying they have 90 days because a kid is living there.
Lexi, Chatbot
I’m sorry to hear that. Have you spoken to the tenant about the unauthorized occupants?
It was just brought to my attention.
Lexi, Chatbot
Are there any specific clauses in the lease about additional occupants or notification requirements?
It states only the two people on the lease are permitted to live there.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
The tenant is wanting to use the unauthorized occupant’s child as a reason to get an additional 90 days. I want to know if there’s any law that prevents me from evicting someone with a kid and whether that extends to people not on the lease.
Richard
Hello — I’m Richard, an attorney. What state are you in?
Ohio.
Richard
Did they cite any statute or law to support this 90 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. The presence of a minor does not override the lease or protect unauthorized occupants from eviction.
Here’s how this breaks down:
- Lease violation: If your lease limits occupancy to the named tenants, bringing in unauthorized occupants (adult or child) is a breach and gives you grounds to serve a Notice to Cure/Quit or a Notice to Terminate Tenancy depending on the situation
- Unauthorized occupants: You are not required to accept unauthorized occupants. A minor living there does not, by itself, create tenancy rights for that person.
- 90-day rule misunderstanding: The “90 days” people sometimes cite is a federal rule tied to foreclosure (PTFA), not to ordinary lease violations. It does not apply here.
- Eviction options: Serve the proper notice based on the lease violation. If they don’t comply, you can file a forcible entry and detainer (eviction) action in court.
Thank you — that answers my question.
Richard
No problem — best of luck. Take care.
Richard
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