How to Evict a Child From Your Home in Ohio
As a parent, there may come a time when you find it necessary to evict your adult child from your home. While this can be a difficult and emotional decision, it is important to be aware of the legal process involved in evicting a child from your home in Ohio. This article will outline the steps you need to take to legally evict your child and provide answers to seven frequently asked questions.
1. Understand the Legal Status of Your Child
In Ohio, once a child reaches the age of majority (18 years old), they are considered an adult and no longer have the same legal rights as a minor. This means that as a parent, you have the right to evict your adult child from your home.
2. Communicate Clearly and Establish Boundaries
Before taking any legal action, it is important to have an open and honest conversation with your child about your expectations and reasons for wanting them to leave. Clearly communicate the rules and boundaries they must follow and provide them with a reasonable amount of time to find alternative housing.
3. Serve an Eviction Notice
If your child refuses to leave or fails to comply with your requests, you will need to serve them with an eviction notice. This notice should clearly state your child’s name, the reason for eviction, and provide them with a specific date by which they must vacate the premises.
4. File an Unlawful Detainer Complaint
If your child does not leave by the specified date in the eviction notice, you will need to file an unlawful detainer complaint with your local court. This legal document initiates the eviction process and notifies the court that you are seeking to regain possession of your property.
5. Attend the Eviction Hearing
Once you have filed the unlawful detainer complaint, a hearing will be scheduled. Both you and your child will need to attend this hearing to present your case before a judge. Be prepared to provide any evidence or documentation that supports your claim for eviction.
6. Obtain a Writ of Restitution
If the judge rules in your favor at the eviction hearing, you will be granted a writ of restitution. This document authorizes the sheriff to remove your child from your property if they still refuse to leave voluntarily. It is crucial to let law enforcement handle the physical eviction to avoid any potential legal issues.
7. Change the Locks and Secure Your Property
Once your child has been legally evicted, it is important to change the locks on your property to prevent them from re-entering without your consent. Take steps to secure your home and remove any personal belongings your child may have left behind.
Frequently Asked Questions:
Q1. Can I evict my child without serving an eviction notice?
A1. No, serving an eviction notice is a crucial step in the legal eviction process. It provides your child with notice of your intentions and gives them an opportunity to comply.
Q2. How long does the eviction process typically take in Ohio?
A2. The eviction process in Ohio can vary depending on various factors such as court schedules and the specific circumstances of the case. It can take anywhere from a few weeks to a few months.
Q3. Can I evict my child if they contribute to household expenses?
A3. Yes, you can still evict your child even if they contribute financially to the household. However, it is advisable to consult with an attorney for personalized advice based on your specific situation.
Q4. Can I physically remove my child from the property myself?
A4. No, you should not physically remove your child from the property yourself. Once you have obtained a writ of restitution, it is the responsibility of law enforcement to handle the physical eviction.
Q5. Can my child take legal action against me for eviction?
A5. While it is possible for your child to contest the eviction, they would need valid legal grounds to do so. It is always recommended to consult with an attorney to ensure you are following the proper legal procedures.
Q6. What happens if my child damages my property during the eviction process?
A6. If your child causes damage to your property during the eviction process, you may be able to seek compensation for repairs. Document any damages and consult with an attorney for guidance.
Q7. Can I evict my child during the COVID-19 pandemic?
A7. Evictions during the COVID-19 pandemic may be subject to temporary restrictions or moratoriums. It is important to stay informed about any local or state regulations that may impact the eviction process.
In conclusion, evicting a child from your home in Ohio requires following the legal process outlined above. It is essential to communicate clearly, serve an eviction notice, file an unlawful detainer complaint, attend the eviction hearing, and obtain a writ of restitution. Understanding the legal steps involved and seeking legal advice if needed will help ensure a smooth and lawful eviction process.