Portland, OR asked in Landlord - Tenant for Oregon

Q: I am the only name on a lease and have 3 housemates. One housemate is not paying his share of rent. Can I evict him?

I have been the only name on a lease for 6 years. I have an excellent relationship with my landlord. Through the years housemates come and go. They pay me their share of the rent and utilities. This is the first time a housemate is not paying their share and I am having to cover for them. Do I have any authority to kick them out?

If I do not have any authority are their any documents I can have them sign that will give me the right to evict them if they do not pay. This is mostly for future housemates.

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

A: One would need to VERY carefully review your lease agreement with your landlord and know whether there is any sort of written rental agreement with your roommates. But if they made their agreement with you, and pay you their rent, then you may be their legal landlord, with all the same obligations and rights that any residential landlord has in Oregon. IF that is the case, then your remedy is indeed to provide the roommate proper demand/notice and if not timely paid, file to evict them in court. That is not, however, a do-it-yourself project. Eviction is quite technical and exact - any error in either law or procedure can render you liable for their court costs and attorney's fees, plus they stay while you start over from scratch. Plus, if you are within the Portland city limits, as a landlord, you need to worry about complying with the city's relocation assistance payment rules. Even if you are otherwise exempt from having to pay relocation assistance, you still may need to comply with the Portland Housing Bureau's rules and regulations, obtain an exemption letter, etc. All in all, you may want to simply review everything with a local landlord-tenant attorney to determine your exact rights and obligations in this specific situation before proceeding. You should also know that if you accept a partial payment of rent, you likely will lose your right to evict the tenant this month if he fails to timely pay you the balance due. Good luck.

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