Do I Have Tenant Rights After Living With My Mother for Two Years in Ohio?

Q: Does living with a family member who is the actual tenant give me my own tenant rights in Ohio?

Not automatically. Ohio law generally looks at whether you have an agreement with the landlord, such as paying rent or being approved on the lease, rather than just living there. Without that, your right to stay is usually tied to the actual tenant's lease.

Q: Can a landlord legally keep a tenant out of their home without filing for eviction?

No. Ohio law prohibits landlords from using lockouts or similar self-help methods to keep a tenant from their rental unit, and requires going through the court eviction process instead. A tenant kept out this way may have a claim against the landlord.

Q: What should I do if my mother was pressured into signing away her tenancy?

Keep a copy of what she signed and write down what was said to her beforehand, including who was present. An attorney can evaluate whether the circumstances around that signature could be challenged.

Question

My mother has lived in this apartment for three years. I've lived with her for most of the past two years. The previous owner knew I was staying here because my mother wasn't well, so I've been caring for her. Six months ago, the property was lost to his ex-wife. Recently, my mother has needed more care than I can offer, so she now lives with my aunt, and I had full intentions of taking over the apartment if she had to leave. My mother, only verbally at the time, explained the situation to the new owner, and the new owner said I had to apply like everyone else, but never actually took my application.

I recently got into a car accident, and the new owner said I have no job, so she moved to evict my mother for having me here, even though it was because of a medical need. At one point my mother wanted to come home, but the owner told her no, even though there was no eviction or anything filed yet. Her stated reason was that my mother couldn't live alone, but she wasn't living alone. That's why I was there, and why we ended up facing eviction. The owner talked my mother into signing a letter stating she was giving the apartment up, leaving me stranded.

My questions: 1. Because I've lived here for two years, wouldn't that give me tenant rights? 2. Was it illegal for her to deny my mother entry? 3. Can she remove me from this apartment without it being a formal eviction? 4. Is this substantial enough for me to pursue a civil suit?

A. Jason Velez · Accepted Answer

You have several distinct legal issues here, and the strongest one is probably how your mother was kept from her own home before any eviction was ever filed.

On tenant rights from living there two years: Ohio law generally treats someone as a tenant when they have an agreement, even an informal one, to occupy a unit, often shown through paying rent or being accepted by the landlord. Living with your mother as her caregiver, without ever applying or being approved, more likely makes you an occupant whose right to be there came through her tenancy rather than an independent tenant in your own right. That matters a lot now that she has signed something giving up the unit.

On denying your mother re-entry: This is the strongest point. Ohio Revised Code Section 5321.15 prohibits a landlord from using self-help methods, like locking someone out or blocking access, to recover a rental unit instead of going through the courts. If your mother was still the tenant and had not abandoned the unit, telling her she couldn't come back without ever filing for eviction fits squarely within what that law prohibits.

On removing you without a formal eviction: Ohio generally requires a landlord to use the court eviction process under Ohio Revised Code Chapter 1923 to remove someone from a residential unit against their will, rather than simply telling them to leave. This applies broadly to people in possession of a unit, not only to people with signed leases.

On a civil suit: Between the lockout issue, the pressure your mother apparently faced to sign away her tenancy, and the accident-related justification given for treating you differently, there are real facts here worth a lawyer's review, though whether they add up to a strong case depends on details like exactly what was said and signed.

Next steps:

1. Get a copy of whatever your mother signed and when. 2. Write down the full timeline, including the denied re-entry and the accident. 3. Contact an Ohio tenant rights attorney or legal aid office promptly, since these situations often move fast.

This is general legal information, not legal advice, and a local Ohio landlord-tenant attorney can review your specific facts.

Do I Have Tenant Rights After Living With My Mother for Two Years in Ohio?

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