Q: I have a tenant that is not on the lease but is using hard drugs in my house. How do I legally evict him?
This person has been living in the house for one year therefore he has renters rights. He is also refusing to pay rent or utilities if I evict him.
A: Is this person an adult or a minor? Is he there as a "guest" of the person that is on the lease? If rent is 8 days or more behind, you simply serve a legal 72 hr notice on the person on the lease and include the terms "and all others" - e.g. To: John Doe and All Others. It all depends upon the exact situation and status of the lease signer (assuming there is one - oral rental agreements are fully legal in Oregon as well as long as they are for month to month tenancies). If you are not familiar, very familiar actually, with eviction processes, you may want to review everything with a local landlord-tenant attorney. ANY slip up in either law or procedure risks having your eviction suit tossed out of court, with the tenant getting to continue to stay rent free; feeling emboldened from their win; and your owing their court costs and attorney's fees (potentially thousands of dollars) and your having to start over from scratch. So retaining an attorney to help or handle it for you may well save you money in the end as well as maximize your chances of getting everything right on the first try. Do understand that there are requirements as to the information that must be included in a 72 hour notice and further requirements on how it must be served so it would make sense to see the attorney before starting down that legal path. Good luck.
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