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If I rent a room to a woman on a month to month agreement and her 20 year old daughter stays with he but isnt on the month to month contract, am I able to ask the daughter to leave at any sign of drug, alcohol or theft or disruptive behaviour and does the daughter at anytime become a tenant at my residence without a contract, due to length of time at my residence?
Optional Information: Country relating to Question: United States State (if USA): Oregon Already Tried: I have not accepted the mother as a tenant yet due to concerns regarding her daughter recent police history for possible heroin possession and theft 3. Daughter is enrolled in CODA drug rhab but situation is worrisome due to 85 year old dad living with me.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. You would want to specifically reference in the agreement your right to terminate the tenancy of the mother for any signs of drug, alcohol, theft, or disruptive behavior by either the mother or any occupant. Then, if either the mother or any occupant, including the daughter, violated this provision, they would be in default, and you could terminate the tenancy and cause them both to leave. If either does not leave, voluntarily, however, you will have to follow formal eviction processes. This would mean under Oregon law, needing to give a 10-Day Notice to Quit...meaning the tenant mustvacate the premises within that period or face formal eviction. Then, if thetenant still has not left, the owner must file a petition for an evictionorder. Once that is granted...the owner can have the sheriff evict.Unfortunately, what the owner cannot legally do is move the tenant's stuff out,change the locks, or exercise any other means of "self-help" evictionprior to obtaining the eviction order from the court. But, if the occupant is engaging in illegal activity or posing a danger to persons or property, you can also get a restraining order to force her out while the eviction process runs its course.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Experience: Attorney/Developer