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I am a homeowner w a verbal month to month someone renting a…

Customer Question
I am a homeowner...

I am a homeowner w a verbal month to month someone renting a room from me. What do I do to evict her. I sent an email requesting she leave in 30 days

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Portland Oregon

Lawyer's Assistant: Has any paperwork been filed?

No. I sent her an email Sunday night

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/14/2017
Real Estate Lawyer: Ely, Counselor at Law replied 5 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,503
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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 expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

1) If you are simply choosing not to renew the lease, then you have to give her 30 days notice under OR Revised Statutes Secs. 90.392 et eq. However, the notice has to be in writing. Email does not count. This means sending it to her certified mail, return receipt requested, or, posting it on her door and taking a photo for proof. IF SHE DOES NOT LEAVE within 30 days, then you have to evict her.

2) Eviction means filing a petition with the court, summoning her to court, and having a hearing. See HERE. Once this is done, if she still does not leave, you can get a WRIT from the Court and the police will come out to force her out.

3) If the lease is being terminated for non-payment of rent, the above all applies with the exception of the notice being for 72 HOURS, and not 30 days. If the lease is being terminated for some other material breach (say, she is smoking inside the property and the lease says she should not be), the notice must be for 14 DAYS and give her a chance to "cure" the issue before proceeding with the eviction.

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