Can My Wife's Brother Throw Me Out of Her Mobile Home in Ohio?

Full question:

I married my wife in 2008. She owns a mobile home that sits on her brothers property which she pays no rent and he refuses rent. since we married he has disliked me and continued to harass, intimidate, and threatened to evict me from the property even though my wife's house sits on his property. We are looking urgently to find a lot to buy to move the mobile home too or buy a house but his constant threats of starting trouble to threatened to evict me is causing me to look into is this legally possible? I have not done anything to the wife's brother even thought he has started several times to push me into a physical fight and constant nagging to make my wife furious. Do I have legal rights since I live in her house but its on his land? This is in Ohio if that makes a difference. He has even made threat to block the right away to the driveway that leads to my wife's house.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Ohio

Answer:

A tenant without a written lease and who doesn’t pay rent in money is generally considered a tenant-at-will and must be given written notice to leave before eviction proceedings can begin. A landlord is not permitted to put you out, prevent access, or remove any of your property from the home without a court order signed by a judge.

Please see the following OH statutes:

5321.17 Termination of tenancy.
(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.
(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.
(C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant’s household, or any person on the residential premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, the landlord shall terminate the week-to-week tenancy, month-to-month tenancy, or other rental agreement with the tenant by giving a notice of termination to the tenant in accordance with this division. The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.
(D) This section does not apply to a termination based on the breach of a condition of a rental agreement or the breach of a duty and obligation imposed by law, except that it does apply to a breach of the obligation imposed upon a tenant by division (A)(9) of section 5321.05 of the Revised Code.
5321.15 Acts of landlord prohibited if residential property involved.
(A) No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 5303., and 5321. of the Revised Code.
(B) No landlord of residential premises shall seize the furnishings or possessions of a tenant, or of a tenant whose right to possession has terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.
(C) A landlord who violates this section is liable in a civil action for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees.