Eviction of Adult Children of the Unit Owner for Rules Violations
The Ohio condominium law allows the Association to evict unruly tenants under ORC 5311.19(B). But would this apply to the adult children of the unit owner and would those adult children who are violating the rules be considered “tenants” under the statute? The first eviction filed under the law in 2004 when it took effect was against the adult son of the unit owner who was living in the unit as his mother’s caretaker. However, when he was off duty, he would cause drunken disturbances in the community. The Court ruled that the son could be evicted even though he was the primary caregiver for his mother. Thus, the adult children of a unit owner would not be exempt from the terms of the eviction statute and would be subject to eviction for violation of the Declaration or the rules of the Association. The Association would file the eviction in the name of the unit owner as agent for the owner. Under the statute the Association is entitled to charge the unit with all costs of the eviction including attorney fees.
Charles T. Williams
Charles T. Williams is the founder and a principal in the firm. A native of Columbus, Ohio, and a veteran of the Vietnam war, Mr. Williams earned his law degree from Boston College Law School. He is widely recognized as one of Ohio’s foremost attorneys practicing homeowner association law and condominium law. Read Charles T. Williams's full bio.