Do I need a lawyer to evict tenant?

by **melville** » Wed Nov 23, 2011 12:36 am

Here's my situation: I inherited a house in Ohio when my mom passed away last December (2010). The house is located in Ohio, I live in Massachusetts. I put the house on the market to be sold in March, 2011. At the time, I allowed my niece to live in the house until it sold because her boyfriend kicked her out of their apartment. I gave her the following conditions for living in the house and she agreed:
1. She pay $300/mon rent
2. Her boyfriend was not allowed in the house
3. No dogs

She has broken all the conditions. Her boyfriend moved in the day I left, She is 3 months behind on rent, and she has a pit bull in the house and property.

I have recently sold the house which is scheduled to close this next week but the buyer wants my niece and her boyfriend out. My niece has known about this possibility since she moved in but now refuses to leave. I had a Notice to Leave Premises form hand delivered to her yesterday giving her 3 days to move out. I will then have to fly to Ohio to go to the Courthouse to begin eviction process.

My question is: Do I need to hire a lawyer to go through this process?

Thanks for any help!

by **ashbey15** » Wed Nov 23, 2011 12:40 am

You can do it yourself, it will take about 3 weeks and require at least 2 if not 3 trips to the court house.

Since you are out of state it might be cost effective to hire an attorney instead.

by **hackett** » Wed Nov 23, 2011 12:46 am

A lawyer is always a good idea in anything dealing with a legal or contractual issue. She's going to try to claim anything and everything she can about and against you that she can think of. You're best weapon against this is to have legal counsel with you, especially since she's already broken one set of terms you put down for her.

by **hwistlere31** » Wed Nov 23, 2011 12:59 am

Well you will need someone to serve here for the eviction and you should have had her sign something to agree and said if she didn't follow the rules there was fees to be paid ... so if you run into a police officer you can ask him do you need a lawyer for sure. ... good luck

by **condan** » Wed Nov 23, 2011 1:08 am

Nope it is fairly simple, you go to court, state your case and eviction is served usually a 24 hour, 48 hour or 5 day eviction is given. Sometimes may take an month or so to get a court date though.

by **marq** » Wed Nov 23, 2011 1:14 am

NO........since you have ALL of the necessary paperwork - contact the county sheriff, where the house is located, and have them evict her butt.

by **drystan** » Wed Nov 23, 2011 1:27 am

I would not only evict her, I would sue her for damages - and then disown her as a family member

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