Can I be singled out for eviction?
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Can I be singled out for eviction?
My landlord provided me with a notice to quit; it says that I have 30 days to leave due to a fight that happened a week ago and criminal damaging charges. I am awaiting trial. Is it legal for me to be the only tenant serves with this notice if the fight was with a fellow tenant and the other tenant initiated it?
Asked on April 19, 2012 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no law that says that landlord must treat all tenants equally, so long as the landlord is not discriminating on a protected basis (e.g on the basis of race); when several tenants do something which might provide grounds for eviction, the landlord can choose to evict all, some, one, or none of them, at the landlord's option.
Note that the landlord may not be able to evict you this case, if there is a written lease: a fight is not necessarily grounds for eviction, and nor are criminal charges, if the lease does not provide that such are in fact grounds for eviction. If you have a written lease, review it, to see what would---and would not--be grounds for eviction; if the fight or the charges are not grounds for eviction, you would have an excellent chance of avoid eviction.
(If there is no written lease, you would be a month to month tenant under an oral lease, and the landlord could most likely provide 30 days notice termminating your tenancy.)
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