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FamilyAttorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1472
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My wife and I own our home here in Portland Or., a Friend of

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my wife and I own our home here in Portland Or., a Friend of our's had fallen on some bad luck. My wife and I opened our home to this person, no rental agree or any other kind of agreement was signed. We told this person that they did not need to give us any money. Occasionly this person would give my wife $200 in cash for food , water etc., we told this person to save their money so they could get on their feet. This person has been here for 14 months. HELP--- this person will not leave, what can we do????
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: OR., no we have not consulted with any attorney BUT this person went to legal aid of OR.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There's no lease/ rent agreement-- nothing in writing. We told this person they could stay here untill they got on their feet--- that was 14 month's ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: My wife and I are on social security ane both are over 65

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

I'm so sorry you're going through this. You would have to evict the person just as if he or she (I'll use he for convenience) were a tenant. This person has become like a tenant because he was allowed to stay there for14 months, so he has due process rights that must be respected. You can ask him to leave, but if he won't leave, then you must get him out legally or he can sue you for a wrongful eviction.

I hear stories like this all the time and it's really sad that people take advantage of nice people like you. But now we have to help you get him out.

Customer: replied 11 months ago.
What do we need to do to resolve this with out costing alot of $$$

Because you are in Portland, the rules are a little more strict there but as long as you follow them, you'll be okay. At the end of this, I will ask you if you would like some names of landlord-tenant attorneys because you may need them later on.

This can be considered a month-to-month tenancy and a court would probably consider it as such even though the person started off as a guest who just continued to stay without a lease. If there's no lease, generally it's called a month-to-month tenancy. So we have to treat him as a month-to-month tenant.

We want to try to get him out without having to go to court. If you can avoid court, great.

You may need a landlord-tenant attorney to get this done properly because if it's not done correctly, you'll have to start over. Here is the procedure:

To end a month-to-month tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days notice is required for no-cause evictions. If your tenant has lived in the dwelling for more than a year, you must give 60-days written notice, except, again, in the city of Portland where 90 days notice is required.

You're going to need to give him 90 days' notice of eviction. He has to be given the notice and you or your wife can hand it to him. It should be given before the end of October, making him eligible for moving out by Jan 31.

The notice has to be done correctly. Please let me know if you want names of landlord tenant attorneys in Portland. I do that for my customers here because many of them seem to want it and need it. Hopefully you just need a lawyer to draft the eviction notice.

The thing is this -- IF the person doesn't get out by the end of January, you would have to take him to court to evict him, and you would want to have a lawyer draw up your papers too. So you can hire one now for the limited use of drafting an eviction notice.

Landlord-tenant lawyers generally don't cost as much as other lawyers, for example, family lawyers or personal injury lawyers.

In this case, you would want the lawyer to draft the eviction notice for you and that's it! Nothing more. Don't sign anything unless you like the lawyer. I will show you how to pick one, just as if I had to pick a lawyer in Portland.

For drafting a notice of eviction, you shouldn't be charged more than $150, give or take.

If the person doesn't leave, then you will need the lawyer to bring the eviction suit for you. If there is no trial, then the suit can go fairly quickly and you can get a date from the court to have him out.

Would you like names of landlord-tenant attorneys in your area?

Customer: replied 11 months ago.

Just let me know if you would like names of tenant lawyers. I'm really sorry this is happening to you but if you don't get him out legally, he can sue for wrongful eviction and actually profit from being there!

Even if someone is a squatter (someone who trespassed on property) the landlord or owner has to get them out by a legal eviction! This is what our laws of due process are for, and there's no way around it unless he chooses to leave on his own.

Portland landlord-tenant attorneys: Please ask the receptionist if the lawyer is mostly a tenant's attorney. You do NOT want a landlord's attorney! I worked for a LL's attorney and there's a big difference.

There are so many of them -- 773. Don't go crazy looking at all of them. Just look at the first few pages and you'll be able to select a few. We can't give specific referrals but I can point you in the right direction. My customers here have told me they have picked outstanding lawyers from the information I gave them.

Here is how to interpret what I am sending you -- you need to click the link and then you need to be able to find a lawyer, so I will include my guide to finding an attorney.

How to choose an attorney.

Here's what to look for and what to avoid.

Avoid: Any red mark next to an attorney's name, such as misconduct. That usually means the lawyer was either disbarred, censured, cited for misconduct, or suspended from the practice of law.

Ignore: Ratings, such as 6.5 or 10, which has the highest. A 6.5 attorney may be even better than a 10. It's difficult to say. The site has its own formula for rating attorneys and many attorneys get a 10 because they belong to bar associations and sometimes give lectures. That does not necessarily mean they're the best when it comes to going to court.

What to look for: See what the clients’ reviews state, especially in the field that you're interested in (i.e. wills, custody, guardianship, etc.). That is probably going to be the most important thing. Many people have not been rated, but if there are a bunch of them who are, go with the ones who have multiple ratings and that are outstanding.

I would also suggest you find someone who has been practicing at least 10 years, the more the better. The site will tell you how long they're practicing law. You don't want someone just a few years out of law school to take on your tough case.

Take a few names and make some phone calls. Ask for a free consultation -- see if you can get one. If you don't feel confident in the lawyer, find another one. That's why it's good to make a list of the ones you want, maybe 5-6 lawyers and you'll find one. It’s okay to walk out of a lawyer’s office and don’t sign anything if you’re not comfortable with the lawyer. You want an aggressive lawyer to help you and someone who will return phone calls.

I know it's a pain, but it has to be done correctly or he will be there for a long time.

This way, you can get him out as long as you follow the timelines and guidelines.

Let me know if you have any more questions as I am happy to answer them.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

A follow-up question is free if it is based on this one, while a new question would need a new post. Also you may make a copy of this transcript so you know what to do.

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Thanks for letting me help you tonight!

FamilyAttorney and 4 other Landlord-Tenant Specialists are ready to help you

Thank you! Much appreciated. Good luck to you. Please let me know if I can be of further assistance to you.