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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My daughter and her boyfriend moved into our family home as

Customer Question

my daughter and her boyfriend moved into our family home as they were getting kicked out of his mothers home. They pay some money, and like to call it rent. I've always said it only covers the food, etc. It's nearing the end of the second month, and I want them out. What are their rights, and what are mine?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Oregon
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: That's the gist. Nothing in writing. Just tried to give my daughter a second chance.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 11 months ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues. I look forward to helping you today. At the end of this discussion I'm going to ask you to please rate me, as I am not an employee of this site but an independent contractor, so that's the only way I get credit for my time here today—this is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

I’ll be busy typing up your answer but I’ll be back shortly.

Expert:  FamilyAttorney replied 11 months ago.

I'm sorry you've been going through this. This is common and it's unfortunate when it involves family.

Everyone has rights here although they differ.

How old is your daughter? Her boyfriend?

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,
Thank you for using our forum. My name is***** am another expert on the forum, your prior expert opted out (this sometimes happens).

I am sorry to learn about this situation.
As your daughter and her boyfriend have been living with you for a couple of months, they are going to be considered "tenants" (it really doesn't matter whether you consider the money they pay you as "rent" or otherwise - they don't need to be paying you anything for you to have to use the following procedure).

You will need to give the two of them a written 30 day notice to vacate - post it on the door and have it mailed to them at your address. If they do not leave within the 30 days, you will then need to file a court action for "unlawful detainer" (an eviction lawsuit). This takes anywhere from two weeks to a month depending on whether or not they contest it (they will lose, but it can take more time).

Once you win your case, you will take your judgment and a "writ of eviction" issued by the court clerk to the sheriff's office and the sheriff will physically remove them from your home.


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