Asked in Landlord - Tenant for Oregon

Q: How do i make a family member move out?

I purchased my home from my sister. My mother lived in the finished basement of the home under verbal agreement only. She left for a few months and moved back in under certain also verbal conditions that she has not satisfied. I need to get her out of the home permanently and legally. What do I do?

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1 Lawyer Answer

A: It is not clear from your posting whether there is also a legal landlord-tenant relationship between you and Mom. If there is, you have to legally terminate her tenancy according to proper grounds and with legally minimum notice. If she still does not leave, then you have to file an eviction action in court to get her out. If there is NOT a legal landlord-tenant relationship between you (essentially Mom is a guest that has overstayed her welcome), then you have to file an ejectment action against her in court. The goal of both is the same but they are very different legal processes, with different elements to prove, and are even filed in different divisions of the local circuit court. Neither, however, are do-it-yourself projects. You need to simply meet with a local landlord-tenant attorney to learn your exact options and to create a game plan for how best to go forward. That is the legal answer. On a practical basis, suing or evicting family members in court almost always is a messy, highly emotional process that can tear families apart for decades or even forever. I recommend starting by having a CALM discussion with Mom about how the issues and problems might be resolved such that both of you can live with the resolution, even if not a perfect solution for either. Negotiation is likely to be a better solution in the long run than using very public court action to force her out. It may be necessary but think long and hard before embarking on that path.

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