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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33087
Experience:  12+ yrs. of experience including real estate law.
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I am an owner of a home with a non lease domestic partner

Customer Question

I am an owner of a home with a non lease domestic partner who is using the home to store and use methamphetamines. The environment is not suitable for our 2 year old child. He also has made the home a fire safety hazard with hording. He uses online sites for sexual service. I am afraid. What steps under Oregon law must I take to evict him as soon as possible? I am sole owner of the home.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 8 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpCan you tell me, what does this mean"Non lease domestic partner"What does that mean? They are your partner?Do they pay rent?
Customer: replied 8 months ago.
We are not married, we are partners sharing a child and living together, I bought the house outright from his mother in November 2013. There is no mortgage. He pays the bills and I do all childcare and domestic service including care of his other 2 children.
Expert:  P. Simmons replied 8 months ago.
Thank you
If you are not married and the home is in your name...and he is not in any sort of "lease" with you? Perhaps the best way to evict him is with a standard, "termination of tenancy" eviction. Even though he is not paying rent he has the status of "tenant". So, generally speaking, you can not just kick him out. You MUST give him notice, in writing and the opportunity to find a new place to live.Timing depends on a few factors
Can you tell me:
1. Is this in the city of Portland? And 2. How long have have you owned the home and he lived in the home with you?
Customer: replied 8 months ago.
There is no lease paperwork of any kind. This is in Eugene. I have owned the home since November 2013, he has lived there since 2009. I issued an official 24 hour termination due to possession of controlled illegal on Wednesday, but you are saying I need a 30day termination notice? Based on what? Can i use the drug use to expedite the process? No other way I can have him removed?
Expert:  P. Simmons replied 8 months ago.
Thanks
That "24 hour rule" is VERY limited in scope. You can try that route...but my experience is that unless he is making or selling from the home the court will NOT let you use that rule. The law says that the 24 hour rule can ONLY be used when the tenant has committed an act that is “outrageous in the extreme.” Hoarding, using the Internet for sex and using drugs in the home is not likely going to meet that high standard.Since he has lived in the home for more than 1 year? You need to give a 60 day written notice.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 8 months ago.
There seems to be a few different ones. Can you please tell me which form under which citing to use?
Expert:  P. Simmons replied 8 months ago.
Sorry...what do you mean which form? What are you referring to?
Customer: replied 8 months ago.
Exactly which termination notice and then which clause within it.
Expert:  P. Simmons replied 8 months ago.
You do not need to use any particular "form"...you can type it up on your computer. Tell them that you are terminating the residence in the home effective ___ (fill in the date, at least 60 days from the day you give them the notice). Make sure you date the notice. Keep a copy...that way, if you have to go to court, you have evidence that you provided the proper notice.
Please let me know if you have more questions. Happy to help if I can.
Expert:  P. Simmons replied 8 months ago.
Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.Please rate the answer so I may receive credit
Thanks for your understanding
Phil

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