Portland, OR asked in Landlord - Tenant for Oregon

Q: If I rented a room from someone & I’m not on the lease/signed anything & gave a notice, can they take me to court?

So, I rented a room from this couple starting April 1st. I’m not on the lease and never signed any papers or agreements (they said I couldn’t yet because the previous person their brother was still on the lease) on May 13th I gave my 30 day notice I sent it through message so I have proof, and the girlfriend said I am only liable to pay the 1st through the 5th of June and we agreed on that. Now that it’s here they are telling me I need to pay June’s full rent. I said I will not pay, and that I will pay the 1st-5th like we agreed upon. Now they’re saying they’re going to take me to court. And I need to talk to a lawyer and see what the laws are with this stuff

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Things may depend upon what "taking you to court" means. It is not clear how you gave your 30 day notice - legally it had to be in writing, handed to the landlord or mailed regular first class mail with an extra 3 days added for the mailing. Text message, email, verbal, etc. do not legally count as giving 30 days notice. That said, it also is not clear why, if you gave 30 days notice on May 13th, you think your rent obligation ends as of June 5 - that is not 30 days. However they are also wrong in that rent is apportioned day to day, not by calendar month so if your 30 days ends before the end of June, you do not owe the entire month's rent. All this said, IF they allege you have not paid all the rent you should have, they have to give you a 144 hr or 72 hr notice, in writing, containing the minimum mandatory information and lawfully served before they can seek to evict you for failing to pay rent. Then, if you don't pay within the time frame, they can file to evict you in court. All in all, even if they were to win, they would be unlikely to force you out before the 3rd or 4th week of June anyway. IF instead what they mean by taking you to court is to try to collect money from you, as opposed to evicting you, then they have to simply sue you in court, be it small claims court (most likely) or regular circuit court.

It sounds as if they too are tenants and are subletting a room to you. Unless you know for a fact that their landlord knows about you and approves, it is likely that they are in breach of their lease agreement with their landlord and may be subject to being evicted themselves for subletting unlawfully to you. So they may not want to push things too far and if subletting to you is unlawful, and you can prove it, it might be a defense for you to owing them money if you are sued in small claims court or regular court. No matter what, getting out sounds as if it resolves a lot of the conflicts and makes life easier for everyone. Good luck.

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