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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I had homeless relatives with 3 kids just show up in Dec

Customer Question

I had homeless relatives with 3 kids just show up in Dec 2015. I let them move into the barn (zoned as a shop) as I didn't have room in the house. They don't pay rent or utilities. They are still here and the barn is a wreck. They live like pigs. I have had a shotgun stolen while they are here. I want to know what is my remedy to get rid of them.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Legally they would be considered your tenants under an oral month to month tenancy agreement and you are their landlord.

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So you would have to terminate their tenancy under OR law with a written 30 day notice if they have been there less than a year.

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If they didn't move out after the notice expired, you can evict them through the court just like any other landlord. This is even though they don't pay rent and are technically living in an unpermitted dwelling.

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In Oregon the court proceeding is quite speedy; its main purpose is to determine whether the tenant has the legal right to keep living in the rental when the landlord wants tenant to move.

To file an eviction case, landlord must complete a complaint form, which is available from the court clerk. Landlord must give the clerk a copy of the eviction notice and pay a filing fee.

After the court clerk receives the complaint and the filing fee or deferral, he or she schedules the case for a preliminary hearing called a first appearance. The first appearance is held seven days after the tenant is sent a copy of the summons and complaint. The summons tells tenant when the first appearance is. The clerk mails tenant the summons and a copy of the complaint within one business day, and these documents are also personally delivered to tenant or posted at the entry to the dwelling.

The purpose of the first appearance is to determine whether the tenant has a legal right to remain in the rental. If tenant does not show up, landlord should get an order giving him or her possession of the property.

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If the tenant loses the case and does not move by the date named by the judge, landlord can get an order directing the sheriff to enforce the court's judgment. The sheriff will post a notice at the rental unit telling the tenant to move within four days. If the tenant does not do so, the sheriff will return and remove the tenant from the premises.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 8 months ago.
what oregon statute are you referencing this opinion especially for nonpayment of rent or utilities? my understanding is rent must be paid to establish tenancy for oral month to month.
Customer: replied 8 months ago.
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Expert:  Barrister replied 8 months ago.

my understanding is rent must be paid to establish tenancy for oral month to month.

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That is incorrect. If you allow someone to move into a property that you have legal control over and live there, they become your tenant regardless of whether they pay anything at all. If you wanted to create a "temporary occupancy agreement" so they wouldn't become a tenant by default, then you would have to have a written contract as specified under ORS 90.275.

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thanks

Barrister

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