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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I own a house with a cottage behind it in Oregon. My grandchild

Customer Question

I own a house with a cottage behind it in Oregon. My grandchild was leasing the cottage but on March 1st I allowed him to stop paying rent so he could save money to move to a larger apartment with a friend. I am selling the property and now have a closing date for the sale. When notified that there was a closing date in mid-July, my grandchild and his friend claimed they had a lease and didn't have to move. I told my grandchild that I considered him and his friend to be guests on the property since he no longer rented the cottage and I was asking him to be prepared to move out by the closing date. Can my grandchild legally refuse to vacate the property.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
If there is no written lease that gives your grandchild and his friend a right to live there for a set term, then they would be considered month-to-month tenants, and you would have to give them a 30 day notice to vacate....and if they were not out in 30 days, you would have to file an action in court to evict them.......
So, you can remove them from the home if there is no lease, but you would likely need to provide them notice and then evict if they don't voluntarily vacate as they would likely be considered tenants.