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It is regarding giving someone an eviction notice, Oregon, I…

It is regarding giving...

It is regarding giving someone an eviction notice

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

Oregon

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

I signed a lease, and obtained a 31 day notice to give to my tenant

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

We are roommates. He had planned on moving out so I signed a lease becoming the primary party, with him as an occupant. My landlord provided me with the paperwork to terminate his tenancy. He is threatening to take it to court because he had no knowledge of the lease, and his plans to move have changed. I believe I do not need a cause, but I want to terminate his tenancy because of a variety of dangerous and criminal activity that he is involved in.

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Answered in 46 minutes by:
4/22/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,062
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you are the only tenant on the lease, then the roommate is a subtenant and you are their landlord. So you are correct that you can give them a written notice, 30 days technically, to terminate their tenancy and do not need to give any reason as long as they haven't lived there over a year. If over a year, it takes a 60 day notice.

.

If the tenant won't vacate, then you can file a formal eviction action in court to get a judgment and a writ of possession that the sheriff will execute to force them to vacate.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Thank you for your response. His argument is that we signed a lease without him knowing. I signed as the primary party, and listed him as an occupant, not needing his signature. Would his argument be valid? Or is the homeowner allowed to give a lease to whoever he wants? When we did this without his knowledge, he had plans on moving out.

Nope, it doesn't matter... if he didn't sign the lease as a tenant, then he is legally an occupant, which means he is your tenant and you are his landlord.

.

If he had wanted to be on the lease as a tenant, he should have insisted on signing then you couldn't evict him..

.

So as I said.. .he is your tenant and you can terminate and evict if you want..

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Customer reply replied 3 months ago
Excellent to know. Thank you. So if he tried taking us to court for signing a lease behind his back, it wouldn't matter? I can't get in trouble for that?

Correct, it is up to the landlord who they rent to...and apparently they decided they wanted to only rent to you .

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,062
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Hi Barrister,
Hey I paid the $5 to talk to you earlier, and I just got charged $50.. I guess I didn't cancel my membership, do I have to cancel that or is there a way to get a refund? It's okay if not I just didn't know that was going to happen..

I am not a JustAnswer employee, only an independent contributor to the site, so I don't know how they handle their billing of customers.. But it is my understanding that you can cancel any subscription at any time and get a refund if you aren't happy with the service, no questions asked..

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This is the info I have for JA customer service:

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If you need assistance navigating the system, or in understanding how this site operates, the Customer Support team is available to help you 24/7. Email***@******.*** In the US or Canada 1-***-***-**** Available 6am to 9pm PST or use this link: http://ww2.justanswer.com/help

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.

thanks

Barrister

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