Does a landlord still have to go through an eviction process when the lease has ended and the tenants don't want to leave.

Asked over 2 years ago - Columbus, OH

My husband and I signed a lease a year ago with a private landlord for a room in a house with other tenants who have rented rooms as well. During the year we fell on financial hard times (job loss, health issues) and became inconsistent and behind in our rent. In May our landlord told us through text message that unless we were able to catch up by June, he will not renew our lease and will have to be out by then end of June. Nothing has been filed nor have we received any official notices, everything has been done through text messages. My question is, even though our lease is up (we are waiting for an apartment to be ready and have no where else to go) does he still have to go through the courts for him to legally kick us out? How does a non-renewed lease work if we can't go yet?

Attorney answers (4)

  1. John Robert Sauter

    Contributor Level 11

    2

    Lawyers agree

    Answered . Generally speaking, in Ohio a landlord must follow a specific legal process in order to evict a tenant. That process involves giving the tenant proper notice to vacate the property. If the tenant is still residing at the property following the notice, the landlord can file an eviction action the the local court system.

    Therefore, if you haven't received a 3-day notice of eviction and you haven't been served with notice of a court hearing, your landlord can't *legally* evict you...yet.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this... more
  2. Michael J. Caticchio

    Contributor Level 14

    Answered . my colleague is correct

    the "NOTICE TO LEAVE PREMISES" (known as the 3 day notice) must be delivered to your premises
    then an eviction complaint has to be filed in the local court
    a hearing date will be set about 3 weeks later
    then an order to move-out

    whole process can take 4 to 5 weeks


    usually a non-renewed lease goes into a month to month lease

  3. David Keith Greer

    Contributor Level 12

    Answered . When the lease expired, your rights merely changed to that of a periodic (typically, month-to-month) tenant. You are NOT a trespasser. Therefore, if your landlord wants you out, he can ask you to leave, but otherwise will have to obtain a forcible entry and detainer judgment against you and your husband in court.

    That said, don't let it come to that. If landlord has to kick you out through legal process, he typically also gets a money judgment to go along with it. That will follow you long after you leave.

  4. Brandy Ann Peeples

    Pro

    Contributor Level 19

    Answered . Yes. In many states, when a lease expires and a tenant remains, the situation becomes what's commonly called "holding over" which essentially is a month to month lease. Thus, you still have rights in the property, and the landlord would have to follow your local laws and procedures to get you out of the premises.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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