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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86526
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My granddaughter lives with me and my wife. I am 83 she is80.

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My granddaughter lives with me and my wife. I am 83 she is80. She is not charged rent. We are selling the house. She will not clean her room. It is a disaster. She does not work and is 37 years old. Just off probation. Disrespectful. Took my garage key off my key ring and refuses to return it. My wife typed her a memo which said she has 30 days to get out. We said if she did not keep the room clean she may have to move earlier. How do we get her out of our house? She will not move now and continues to disrespect my wife. I am disabled and cannot help my wife.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. I am sorry for your situation. She is what is known as a tenant at sufferance under OR § 91.040. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

In addition, you may simply EVICT her as is without notice. Notice is not really necessary for tenants at sufferance under § 91.040, but may be a way to have her leave without having to file an eviction.

An attorney can even do this for you, often very cheaply. May I recommend the Oregon Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.
Great information. Do we need to write another notice and tell her how many days she has before she must leave? We don't want to have to wait until October 17.
Expert:  Ely replied 10 months ago.
Great information.

Thank you.

Do we need to write another notice and tell her how many days she has before she must leave? We don't want to have to wait until October 17.

Well, now that you have given her notice until October 17th, then it is best to wait until that time before filing an eviction. The reason is while you did not have to give notice, since you did, you established a promissory estoppel for her to rely on that date as the last date. Promissory estoppel is a doctrine of reasonable reliance which she can use as a defense. Now she may not even KNOW about it and may not use it as a defense, but if she does, then the eviction would fail until the 17th.

So it is best to wait until the 17th now that you gave her that notice. Of course, if you feel she may not be smart/acute enough to bring that notice up as a defense, then you can try filing now...

I know what you are thinking: "Wish I knew this before we gave her that notice!" It is okay, everybody is human. Do not kick yourself and now that you know your rights for sure, you can execute what is necessary to finish this matter.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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