Can we legally be evicted in 3 days or can we sue them for tresspassing?
My brother and I rent a house from our parents. The other day, they said our dog got loose so they brought him home and upon walking in the house, they saw a tabaco bong and a kitten in the house, while we were not home. They then text us and said a had to be out within 3 days.
2 attorney answers
Yes, your parents can begin an eviction action by giving you a 3 day notice to leave for violating the terms of the lease. Do you have a written lease? If you do not leave, they can then file the eviction action. If you don't have a written lease, and it is an oral month-to-month lease, then it might be difficult for them to say you violated a lease term. So then they would give you a 30 day notice to terminate the month-to-month lease. You can find a local landlord-tenant attorney here on Avvo at the Find a Lawyer tab.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create, and the user of Avvo understands and agrees that this response does not create, an attorney-client relationship. Legal issues depend on all the specific facts of a situation, and it is not possible to cover all the facts and issues on Avvo. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state. Mr. Jaap is licensed to practice law in Ohio. He and his law firm gladly accept new clients, but they cannot accept any representation until they confirm that it will not create a conflict of interest with their existing client relationships and obtain a signed representation agreement. Accordingly, do not send them any confidential information unless and until they have confirmed their representation of you in writing.
This question is hard to answer without more information. What is the agreement between you and your parents? Is it written? Do you pay rent? If so, you may be entitled to more than a 3 day notice for these type of violations. If you don't pay rent, they can definitely serve a 3 day notice. For the type of violations you mention, you could be entitled to a right to cure. In any event, Ohio law does not allow a 3 day notice to be served by text message.
You should always contact an attorney for further advice.
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer