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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33166
Experience:  17 years of legal experience including real estate law.
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I am being terminated from my employment. I live there rent

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I am being terminated from my employment. I live there rent free. Can they kick me out on the streets when they terminate me?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Your tenancy is a condition of your employment? Your employer is paying for your rent?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
No it isn't a condition of the employment. I'm not paying rent
Who is providing the rental property for you if it is not a condition of your employment?
Customer: replied 3 years ago.
My employer is. It is in an assisted living care home.
I see. Thank you for clarifying this for me.

Oregon law does not treat such situations as a landlord-tenant relationship and excludes this type of arrangement from the normal process required for eviction as follows:

An employee described in ORS 90.110 (Exclusions from application of this chapter) (7) may only be evicted pursuant to ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) after at least 24 hours written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee. [1987 c.611 §3; 1997 c.577 §29; 2001 c.596 §41]

Here is a link to this section of the code:

Under Section 105.105 referenced in the statute above, the employer may remove an employee from the premises only if such removal is peaceable and without force. Otherwise, they would typically need to seek a court order so the sheriff can remove the employee.

Therefore, the employer must typically provide at least 24 hours written notice of the termination to employee or a longer period of notice if set out by contract and then may only remove the employee from the premises after the notice period if such removal is peaceable and without force. In other words, if you resist, they must normally obtain a court order before removing you, which could take some time.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 2 other Real Estate Law Specialists are ready to help you

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