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My son and his family moved in 5 & 1/2 years ago. Just

Customer Question
helping them on temp basis...
my son and his family moved in 5 & 1/2 years ago. Just helping them on temp basis. Now they won't leave. They have financially devistated me and destroyed my home and property. I left the home 2 weeks ago due to I couldn't take it anymore, living like a prisoner in my bedroom to avoid conflicts. What are my rights as a senior citizen on a fixed income? No rental agreement due to them being family. I didn't want them to be homeless, but neither have made any effort to get jobs, only welfare and food stamps, where the welfare money goes, I have no idea.
Submitted: 1 year ago.Category: Landlord-Tenant
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8/5/2016
Lawyer: Roger, Attorney replied 1 year ago
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,801
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi. My name is ***** ***** I'll be glad to assist.
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Lawyer: Roger, Attorney replied 1 year ago
Because of the length of time they're been there, your son and his family would likely be considered tenants even if there's no lease agreement and even if they're not paying rent.
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Lawyer: Roger, Attorney replied 1 year ago
If you want to remove them, you'll need to give a 60 day notice to vacate (http://www.nolo.com/legal-encyclopedia/oregon-notice-requirements-terminate-month-month-tenancy.html).
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Customer reply replied 1 year ago
I was told that by my leaving, that I could be accused of abandoning my property and they win by default, is that true?
Lawyer: Roger, Attorney replied 1 year ago
Once the notice period is up, they should be out.....and if they're not, you could proceed with filing an eviction/unlawful detainer lawsuit.
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Lawyer: Roger, Attorney replied 1 year ago
No -- they can't obtain ownership or a right to possess the property simply because you left.If you abandoned the property for several years, they could possibly claim adverse possession. But, it takes many years for that to occur.
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Customer reply replied 1 year ago
how do I file the 90 day notice Oregon Law requires? Wher do I find the notice?
Lawyer: Roger, Attorney replied 1 year ago
There's likely no form notice - just a written letter should suffice.
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Lawyer: Roger, Attorney replied 1 year ago
As long as the notice says they have 60 days to vacate the property, and you can prove it was hand delivered to them, that should be sufficient.
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Lawyer: Roger, Attorney replied 1 year ago
Here's a link to the law: http://www.oregonlaws.org/ors/90.427
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Customer reply replied 1 year ago
really? No filing with the courts necessary? My 72 hr. notice, I got on line and I personally gave them a copy and kept one for myself. No filing with the courts. I love my son and I do not want to make this more difficult than it need be. He says they will leave in the 90 days, but other family members feel this may take years to get them out of my home if I don't file a legal 90 day notice thru the court system. I don't like that idea due to the penalty that notice will put on them and thus defeating the purpose of trying to help them in the first place. I am not giving in, I just don't want to destroy my relationship with my son.
Lawyer: Roger, Attorney replied 1 year ago
Here's another good link: https://www.osbar.org/public/legalinfo/1253_ResidentialEvictionNotices.htm
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Lawyer: Roger, Attorney replied 1 year ago
If you're in Portland, the notice period is 90 days.
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Lawyer: Roger, Attorney replied 1 year ago
There's nothing required to be files in court UNLESS they don't vacate after the notice period expires.
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Lawyer: Roger, Attorney replied 1 year ago
If they don't leave after that period, you would have to file suit for an eviction.
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Customer reply replied 1 year ago
Thank you Mr. Roger, you have eased my mind on this issue. I am a senior citizen and I really don't need all the worry, so thank you and you have been very helpful. Thank you for the links, I will check them out. You have a nice day and keep up the good work.
Lawyer: Roger, Attorney replied 1 year ago
Thanks for the kind words and please let me know if you have any additional questions.
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Roger
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