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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19122
Experience:  B.A.; M.B.A.; J.D.
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I have an Excluded Occupier who refuses to leave and

Customer Question

I have an Excluded Occupier who refuses to leave and contract date has ended. Sherriff wont help. My county courthouse packet says NOT to use eviction packet on Lodgers, ONLY tenants. What do I do? I live there 24/7 becuse I am dying and now that person won't let me back in my on home!
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Lincoln County, Oregon
JA: Has any paperwork been filed?
Customer: Yes.I sent by regular and certified mail the reminder of notice to vacate 30 days prior to expected date of exit. Then I sent another notice to vacate on June 1 when the person wasnt out. I did all with 2 copies each by certifed and regular mail
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: what next?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am terminally ill and it is my sole residence and I have no family r friends to go to. Additionally, the person has been given $1750 by me as a moving allowance gift because this home of mine is missionary housing I set up for missionary lodging while people are in training for missions and I set aside a bit of their costs each month to give a gift to help ay for their first mission after school. She has that money to move on in missions or get her own place but wont leave the shared lodging and is declaring that<I have declared this house to be my forever home under the Lord and so it shall be!"she showed me she has a shot gun. She said, "I refuse to be homeless". The Sherriff wont do anything. She has a 12 and 17 y.o. staying with her too. She did NOT pay any deposit.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: how long shall I expect to wait for the attorney to pick up?
JA: Our average wait time is under 20 minutes. Sometimes it takes just a minute. More complicated questions that need more research might take an hour or two. I'd be happy to chat with you while you wait. The stories I've heard working here...
Customer: Thanks. It's really tough dealing with this nonsense since I restored this old log cabin from the ground up to serve to help missionaries and now I have this mentally unstable person refusing to vacate longer after her contract ended. The kind of cancer I have causes me to get head to toe hives and anaphylaxis when I get upset because it is Neuroendocrine Carcinoma and Malignant Mastocytosis, so she has me very sick and in the hospital frequently because of her frightening behavior. Oh yes, and in our contract, the home is a Fragrance Free Home because I have deadly reactions. She has taken to deliberately spraying the place with perfume.
Submitted: 1 month ago.
Category: Landlord-Tenant
Customer: replied 1 month ago.
Aside from having a very specific Exclusive Occupier Lodger contract, the person answered a VERY specific ad that spells out that this is community housing and NOT EXCLUSIVE USE, but that we all share the premises and that nobody can come be overnight without prior permission, etc. I have the copy of the ad from CL which clearly says it's a Christian Rooming House/Lodge at Lincoln Beach Lodge...my own home I restored from a tear down to utter perfection...
Customer: replied 1 month ago.
I am on permanent disability and very low income due to this terminal condition and completely unable to work or be dealing with nonsense. This person is obviously mentally ill. She is on SSD. Previously she told me she was Learning Disabled/Dyslexic, but obviously it is a greater concern. She is phoning my friends and telling all kinds of horrible lies that my friends all know is false, but still she is doing slanderous things. I want her out asap.
Customer: replied 1 month ago.
I will check email for your response. I am too sick to sit up waiting. Thank you for your assistance in this matter.
Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

Since the Sheriff has refused to assist you, you need to contact the Police or your District Attorney to assist you in removing her from the premises because she is now a trespasser.

Best wishes,

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