My 24 year old son refuses to leave my home, he has lived here all his life. he doesnt pay any rent .i have asked him to leave .

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Anonymous Mar 26, 2013 Bankruptcy and Debt 3 views 4 answers

my 24 year old son and his 25 year old girlfriend refuse to leave my home. i have asked them numerous times to move out. they dont pay any rent and never have. they tell me i have to give them a 30 day notice in writing . they also say that at the end of the 30 days they will still refuse to leave and that there is nothing that i can do about it .

Attorney Answers

William Joseph ReynoldsFamily Law AttorneyBlue Ash, OH

William Joseph ReynoldsFamily Law AttorneyBlue Ash, OH · Jun 15, 2026

Well, they're part right and part wrong. This is NOT an uncommon situation but it's never pleasant. Assuming that he doesn't have a lease and his name isn't on the deed to the house (or the apartment if you're living in an apartment) they are correct that you must give them a 30 day notice to leave, in the form required by law. Once that's done, if they don't live, you can file an eviction and get them out. It's a simple process but be sure that you follow the proper procedures if you actually want to get it done. Get in touch if I can be of assistance to you.

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Benjamin Partee

Benjamin Partee · Jun 15, 2026

The cleanest way to kick him out is through an eviction. There are certain steps you'll need to follow to make sure you're doing it the right way. The first step will be a 3 day notice, followed by a hearing, followed by a set-out order. You should contact a lawyer to help you with this issue. Benjamin J. Partee Attorney at Law 6 W. Main St. Chillicothe, OH 45601 (740) 772-1222 www.chillicothedefense.com

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Christopher Beck

Christopher Beck · Jun 15, 2026

You have to file for eviction since they were legally living there at some point. You may want to contact an attorney who can assist you in the eviction proceedings. Good luck. Attorney Chris Beck Beck Law Office, L.L.C. Beavercreek, Ohio (937)510-6110 phone [email protected] www.becklawofficellc.com

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Stephen Gregg

Stephen Gregg · Jun 15, 2026

If they have no lease and are not owners of the property, you must serve them with a 30 day notice. That notice must be served by the end of the month and you may not file your complaint in forcible entry and detainer until May 1. At that point the court will set a hearing on Count I, which is restitution of the premises. The hearing date will likely be 21-30 days from the filing of the complaint, and it is there that you will be granted a judgment and entry of restitution. Then you need to file a praecipe for a writ of restitution so that the bailiff set a date to come out and, if necessary, forcibly remove your son and his girlfriend from your property. My office routinely handles these types of cases. If you're interested, I offer a free 30 minute consultation (937-310-3073). Good luck.

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