How to Evict a Roommate Not on the Lease in Ohio

If you're a renter in Ohio sharing your apartment or house with a roommate who's not listed on the lease, you may face challenges if you need them to move out. This guide walks you through your legal rights, the eviction process, and essential resources to ensure you take the proper steps according to Ohio law.

Understanding Roommate Status and Ohio Tenant Law

In Ohio, a roommate who's not on the lease is generally considered an "occupant" rather than a "tenant." This distinction is important because Ohio landlord-tenant law, including the Ohio Revised Code Chapter 5321 - Landlords and Tenants, protects tenants with a legal rental agreement, but does not always extend those rights and responsibilities to non-lease roommates.^[1]

Your Responsibilities as the Leaseholder

If your roommate is not on your lease, it's usually up to you—not your landlord—to handle any issues. However, the landlord may get involved if the roommate causes problems or violates the lease's terms.

• You are the primary tenant and responsible for rent and unit conditions
• The landlord can ask you to remove unauthorized occupants, depending on your lease terms
• To legally evict your roommate, you must follow Ohio state procedure—even if there’s no formal agreement between you

Steps to Remove a Roommate Not on the Lease in Ohio

The process for removing a roommate not on your lease in Ohio is similar to a formal eviction, even though they don’t have a written lease. You are treated like a "landlord" and your roommate as a "tenant-at-will." Here’s a step-by-step guide:

• Step 1: Serve Written Notice to Vacate
  Ohio law requires a written notice before eviction. Use a “Notice to Leave the Premises” (minimum 3 days’ notice).
• Step 2: Wait the Required Notice Period
  After serving notice, wait three business days. Do not attempt to remove your roommate or their belongings yourself.
• Step 3: File an Eviction (Forcible Entry and Detainer) Action
  If your roommate does not move out, file a Complaint in Forcible Entry and Detainer at your local Ohio Municipal or County Court.
• Step 4: Attend the Court Hearing
  A hearing will be scheduled by the court. Present evidence (roommate’s status, any written agreements, notice served, etc.).
• Step 5: Enforcement
  If the court rules in your favor, an order of eviction will be issued, and law enforcement will carry out the actual removal if necessary.

Required Form: Notice to Leave the Premises

• Form Name: Notice to Leave the Premises (no form number; see example template from the Ohio Supreme Court)
• When to Use: When you want your non-lease roommate to move out, this form is given at least three business days before filing in court. Example: You decide your roommate must leave for violating house rules—serve this notice before starting any legal eviction process.
• How to Use: Deliver the notice in person or post it conspicuously at your residence; keep a copy as evidence. Download Notice Template (Ohio Supreme Court)

Ohio Tribunal Handling Evictions

Eviction actions in Ohio are handled by your local Municipal or County Court. Find your tribunal at the Official Ohio Courts Directory.

Important Ohio Legislation on Shared Housing

• Ohio Revised Code Chapter 5321: Landlords and Tenants
• Ohio Revised Code Chapter 1923: Forcible Entry and Detainer (Eviction)

These laws clarify your rights and responsibilities as a tenant or roommate in Ohio shared housing.^[1][2]

FAQ: Ohio Roommate Eviction for Non-Lease Occupants

1. Can I change the locks to force my roommate out?
   No, Ohio law prohibits "self-help" eviction. Only law enforcement may remove someone after a court order is granted.
2. What if my roommate pays me rent in cash but has no written agreement?
   This counts as a "tenant-at-will" relationship. You still need to provide written notice and follow the legal process.
3. Is my landlord required to help remove a non-lease roommate?
   Usually, no. As the leaseholder, you are responsible for occupants you invite. The landlord may take action if their property or lease is violated.
4. What if my roommate is threatening or violent?
   If you feel unsafe, call the police immediately. You can also seek a protection order in addition to eviction.
5. How long does the eviction process take?
   It varies by county, but typically two to five weeks from notice to court decision if uncontested.

Conclusion: Key Takeaways for Ohio Renters

• Roommates not on the lease can still be evicted—but you must serve legal notice and use the Ohio eviction process.
• Never use self-help tactics (like lockouts). Only an official court order can force removal.
• Keep clear records, serve notice properly, and use official resources for support.

Understanding these steps will help protect your rights and ensure compliance with Ohio law.

Need Help? Resources for Renters

• Ohio Legal Help – Evictions Info
• Find Your Local Ohio Municipal or County Court
• U.S. Department of Housing and Urban Development (HUD) – Ohio Tenants' Rights
• Ohio Revised Code Chapter 5321: Landlords and Tenants

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1. Ohio Revised Code Chapter 5321: Landlords and Tenants
2. Ohio Revised Code Chapter 1923: Forcible Entry and Detainer

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