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I have a 37 year old son who will not leave. He has had his…

Customer Question
I have a 37...

I have a 37 year old son who will not leave. He has had his mail delivered to my house since August 2017, though he has only been living here as a guest since the end of January 2018. He promised to find own housing by dates, but fails to follow through and keeps moving the deadline forward several times.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon

Lawyer's Assistant: What steps have you taken so far?

We have told him to leave the house effective this past Saturday. He has caused constant turmoil, high stress levels in my self and my husband.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My husband is a disabled vet, and has been sober since December 2015. My son has been diagnosed as a sczophrenic (sic) and medically retired from the Navy.

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/15/2018
Employment Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,821
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Employment Lawyer: Loren, Lawyer replied 4 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, once you allow a person, be they stranger, friend or relative, to make residence in your home, they assume the rights of a month to month tenant. This is true even if the pay no rent and you consider them a "houseguest" The law considers them a tenant.

Therefore, under Oregon law, you will need to give 30 day's notice to terminate their "tenancy". Give it in writing, including a specific date when your son must vacate, if not sooner (voluntarily). The notice need not be anything formal. A letter that you hand them is fine.

If they fail to vacate by the stated date then you will need to file a forcible detainer action in the local court to get an order of ejectment. The order is then placed with the sheriff for execution and they come out to the property to remove the tenant/guest and their personal property.

I wish I could tell you there is an easier way, but unless you follow this process, you expose yourself to civil liability.

If you need to go to court you can do so pro se, but you may find it more efficient to use an attorney. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question. There is no additional charge to you for rating me favorably.

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Customer reply replied 4 months ago
I have COPD and am on C02 24/7. He was asked to not smoke/vape pot or store liquid pot in my house. The room where he was staying reeks of pot, and the smell is spreading throughout my house. My son has also damaged my husband's car, stolen personal property stored in my husband car.
Employment Lawyer: Loren, Lawyer replied 4 months ago

As part of the forcible detainer you can ask for the court to award money for the damages he has caused.

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Employment Lawyer: Loren, Lawyer replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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