Gresham, OR asked in Landlord - Tenant for Oregon

Q: How to handle unauthorized guest in the rental house

I'm the owner of one single family rental house that I leased out to a tenant. The tenant is no problem, he is the only person on the lease, however he allowed his girlfriend (now former girlfriend) to stay with him and now he is informing me that she doesn't want to move out or contribute to any rental expenses. I've always received the rent from him so I'm not even aware of what their arrangement was. I was wondering what he or I can do. She is not on the lease so should he give her 30 day notice since he is the one that allowed her to stay or should I since I'm the owner.

Related Topics:
1 Lawyer Answer

A: Well, you have hit upon a quagmire here. Much depends upon the exact details, both between him and her and you and him and how long you have known of her having moved in. One main issue will be if there is a landlord-tenant relationship between her and either you or him, or if she is essentially just a guest that is over-staying her welcome and refusing to leave. Only a landlord - be it either you or him or neither - can evict a tenant and it must be by filing in court (the police are unlikely to be willing to remove her as a trespasser, though you can always try). IF there is no landlord-tenant relationship, then she likely needs to be removed by a court order for ejectment rather than eviction. Very similar end goals - have the Sheriff come remove her if she fails to leave pursuant to court Order - but quite different ways legally to go about accomplishing it. An eviction is normally faster and cheaper than an ejectment though the ejectments I have done have never had to actually go to trial (so far at least) and have ended with summary judgments meaning those ejectments can normally be accomplished in 3-5 months instead of a year and are cheaper than having to go to trial though they still will likely run a minimum of $3500-$5500 plus court costs. Evictions instead will normally take 3-4 weeks from start to finish and can run about $1,000 if she does not actively fight, to $3,000-$4,000 if they have to go to a hard fought trial, plus court costs. The sky is the limit on pricing if the fight becomes knock down, drag out, pull out all the stops. Even more so if she files an appeal and it takes years. Now all that said, I have been doing this 24 years and only one case has gone up on appeal and only one case has run more than about $5,500 plus costs; most are much less. There are many possible strategies here as well - you could terminate/evict your tenant and thereby get rid of her as well. If you decided to re-rent to the same tenant, well nothing illegal about that...etc.

All in all, you may want to review everything with a local landlord-tenant attorney to learn your options, potential costs, and to work out a strategy that is likely to be the most effective in your specific situation and the most likely to be as cost effective as possible. This is not a do-it-yourself project!

Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.