Legal Question in Family Law in Ohio

My husband somehow had our landlord take my name off the lease we both signed , he now kicks me and our children out of the house every time he is angry. Telling me I no right because he is responsible for the bills, I have 2 concerns one can they take my name off the lease without my constant and also he has said he will get custody of our children because we are homeless but he made no effort to keep them and he is the reason we are homeless


Asked on 5/18/15, 2:38 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if you are under a lease agreement for a set period of time, during that period of time, one (or two if it is a three party lease) parties cannot unilaterally alter the lease without the consent of all parties. The original lease will still be effective. If he is to try to "kick you out" you should refuse to leave. Let him call the police. Then you can either show the police that you are on the original lease, or, if you cannot find the original lease, then you should tell the police that you have been living in the apartment under a lease you signed since [whatever date you moved in] and that if he wants you out he should file an eviction.

Call your landlord and ask for a copy of the original lease you signed.

If that lease agreement is up, and your husband and the landlord signed a new lease agreement without you, you should still examine your old lease agreement. Most of these state that unless one party gives the other party a certain number of days' notice (usually leases call for this to be in writing) before the end of the lease term, then the lease automatically renews either on a month to month basis or another year. Without any such notice to you, then any new lease signed by the landlord would be ineffective to strip you of your continuation rights under the old lease.

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Answered on 5/19/15, 4:55 am


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