Q: How does my friend get her adult sibling to leave her home with no written tenancy or lease agreement in place?
My friend's adult brother, who intended to stay only a couple of months, is still living with his sister years later in a home she is the sole owner of. He pays an agreed-upon rent. Unfortunately their relationship has soured and she wants him to leave. She has asked him to leave numerous times over the past 2 years and he will not. What are her options for getting him removed from the home?
A: If he pays rent (or has agreed to/is supposed to), there is likely a landlord-tenant relationship between them and regardless of being siblings, your friend simply has to treat him as any other tenant. In general that means providing proper written notice, lawfully served, of the tenancy being terminated. If he fails to vacate, then she needs to file an eviction action in court to remove him. Landlord-tenant law in Oregon is highly technical and requires EXACT compliance with both the law and the procedures by a landlord or they risk having their eviction suit tossed out of court, with their owing the tenant's court costs and attorneys fees (which can be thousands of dollars), having to start over again from scratch, all while having the tenant stay in the home, feeling smug and empowered having "beaten" the landlord. All in all, if she is not VERY familiar with the required process, she should review it all and likely hire an attorney to help her through the process. It maximizes the chances of getting it all correct on the first try and can save considerable money in the end. Best of 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.
