Beaverton, OR asked in Landlord - Tenant for Oregon

Q: I’m renting a room but I’m not claiming it as income. We don’t have a formal contract. I want The person to move out.

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

A: You don't ask a question so it is difficult to know how to respond. It sounds as if it is likely to be income and failure to report it as such may constitute tax fraud. That however has nothing to do with resolving matters with your tenant. It does not matter whether you have a written rental agreement or only a verbal one - if there is a landlord-tenant relationship between you, you must follow all the duties and obligations of a landlord or be liable for your failure to do so. You don't say why you want them out. If they have breached the terms of the rental agreement, and you can prove it, then you may be able to issue them a written notice to terminate their tenancy and, if they fail to vacate, file to evict them in court. If they have not violated the terms of their rental agreement, or you are unlikely to be able to prove it, then you may have to issue them a no cause termination of tenancy notice and again, if they do not vacate in a timely manner, you would need to file an eviction suit in court. Either way, landlord-tenant law in Oregon is quite tenant-friendly and landlord's are punished if they do not strictly follow every law, rule, regulation and/or procedure. Most penalties are assessed against the landlord in terms of month's rent, along with the tenant's court costs and attorney's fees (which can be thousands of dollars). There are requirements as to what the required notices say and how they are delivered. All in all, if the tenant simply won't leave voluntarily, you may want to review everything in detail with a landlord-tenant attorney to learn your rights and obligations and how to best proceed forward. It can save you a lot of money in the end, as well as time and aggravation. No matter what, however, you are not allowed to "encourage" the tenant to leave by locking them out, reducing services, shutting off utilities, etc. They have full tenant rights until they either voluntarily leave or the Sheriff removes them pursuant to a court order. Good luck.

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