Can a tenant evict a subletter if they are only there with a verbal agreement? 1 Answers as of July 06, 2012I am a tenant renting a house with my friends for school. During the summer the other tenants have returned home and had their friends sublet for half rent. These subletters are disgusting, messy guys who have taken the fire detectors out so they can smoke and never lock the front door, putting myself in an uncomfortable and dangerous position. Can I, as the rightful tenant ask these subletters to leave? The other real tenants agree with me but one of the subletters is refusing to leave. Can we take legal action here?
NOLAN LAW LLC | Joshua J. Nolan
First, I would suggest that you check your written lease agreement to see if "sub-letting" is even permitted. If it is not, that will provide you with a non-inflammatory reason to request your messy summer housemates to leave. If your lease permits sub-letting the space, and you have obtained whatever permission may be required from the landlord, then you may have to seek assistance from the Court to get the recalcitrant summer tenant to leave. The removal of safety devices (such as smoke detectors) will likely provide you with sufficient basis to begin the eviction process. However, to be safe, you may need to give the summer tenants WRITTEN notice that they have thirty (30) days to vacate the premises. If they do not leave after thirty (30) days, you will have to post a Three (3) Day Notice to Vacate the Premises on their bedroom doors. If they still do not leave after receiving the Thirty (30) Day Notice and Three (3) Day Notice, then you will have to file a Complaint for Eviction. In that event, you will have the right to recover for any unpaid rent or damages to the property. It usually takes 10 - 14 days to get a hearing scheduled after filing the Complaint for Eviction. Then the Court will generally give the tenant another 7 - 10 days to move before sending the Sheriff or Bailiff out to the premises to forcibly remove the tenant and his/her property from the premises. So, even if you begin the eviction process, you may be stuck with your messy summer tenant for most of the summer.
Answer Applies to: Ohio