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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55605
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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The house is in my mothers name. I put 75% of the down payment,

Customer Question

The house is in my mothers name. I put 75% of the down payment, my brother 25%. I invited an old friend that had lost her house to foreclosure to come and live with me.
She was not intended to be an owner, and there was no written agreement with her.
The house needed a few things (stove, microwave, fuel) ect, about $5k. She paid for these things.
14 months later, and over an entire year of not being compatible, it has become unbearable to live with her. I have given her a 30 day notice, and offered to reimburse her for the items that she bought. I have also considered giving her extra money for yard work, and helping with other tasks around the house.
She refuses to leave.
What can I do to remove her from my home.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you! I don't see on my screen in what state the house is located. Can you provide me that information? Thanks.
Customer: replied 2 years ago.
Oregon....
Customer: replied 2 years ago.
Mother is a California resident, house is in Oregon
Expert:  Richard replied 2 years ago.
Thank you! Sorry for the short delay..I was helping another customer. Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 60 days under Oregon law since she's been there more than one year. If she does not leave voluntarily, under Oregon law, you will then need to give a 10-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!