How can you evict someone in Ohio that is trespassing in your apartment by claiming Squatters rights?

Question

Here's the problem, my friend, a female, has a baby's daddy that won't get a job, he's had multiple drug problems and won't leave the house, he keeps claiming he's got squatters rights to live there and since he gets mail there, and lived there for 6 months, he can't be removed from the apartment. Now my friend is really skinny and small, same as their daughter, a one year old, I want to help her legally get this scum out of her house so that she can finally live in peace, but this guy refuses to leave, in fact, she called the cops ones to get him out and they wouldn't kick him out, saying she had to be in danger for this to be done.(Everyone lives in Ohio and I have reviewed Ohio law 1567.05 Trespassing and also 2911.21 Criminal trespass.) I need to know exactly what I can do legally to help her get this guy out, I know that his hard to get a restraining order considering he hasn't threaten her, he just refuses to get a job, leave the house, or move out. He's a former drug addict he's still shooting up so she's worried that her baby's daddy is going to do something stupid like do the drugs and then get busted by the cops and lose her baby because he lives there or him be stupid with needles and some how bring one home without her knowledge and the baby gets it, I'm really scared about this and need help legally to help her, please anyone, with any advice or legal ways to get this loser out of her face? She's not longer with the guy and wants him out but is penned in a corner of legality, any help anyone?

Answer 1

"Squatter's rights" only pertains to real property, not rental property. If his name is not on the lease, talk to the landlord/manager about getting the locks changed and don't give him a key. If he breaks in, have him arrested for breaking and entering.

*EDIT* - It takes many, many YEARS before someone can lay claim to a property by "squatter's rights". Six months is no where near the amount of time required.

Kick the bum out and change the locks. That is all you need to do. He has no claim what so ever to the apartment. By your account name, I assume you are a guy. I don't know about your physical condition, but if you don't feel you can handle him alone, get a buddy to help you physically remove him from the apartment.

Answer 2

Don't listen to the "change the locks" and "force him out" advice.  In many states, this is considered illegal eviction and is a pretty serious crime.  

You need to first deliver written eviction notice, in the proper format (which you should be able to find in a library or online).  If he ignores it, you need to petition your local court for an eviction order.  Once you have the eviction order, you can call the sheriff and they will come over and remove him.  

Answer 3

If his name is not on the lease then she can just call the cops and say this is a copy of my lease I pay the bills here and I want this guy to leave my house and he refuses to do so. If anything more is said then just say let me show you why I want him out. exhibit A. drugs and or drug paraphernalia, he is using drugs in front of my child and I will not tolerate this. If this does not work they are fools and I would contact the media and get a lawyer to sue the city. Could you imagine a news report about this. The mayor would be calling your friend within an hour to let her know how much he cares and how he wants to avoid litigation.

Answer 4

Change the lock while he's gone and do not give him a key.  she might also tip off the police when he's got stuff on him.