Anaheim, CA asked in Real Estate Law and Landlord - Tenant for Oregon

Q: What are the lawyer / filing fee's for filing an eviction notice

I live in linn county Oregon, was told my LPD to get my 38 yr son out of my house I have to have him evicted. Now I need to know what to expect this to cost me.

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

A: It all depends upon what you end up needing to do and how much time it requires. If he will simply voluntarily leave, it shouldn't cost you anything. If not, it first depends upon whether there is a landlord-tenant relationship between you. If so, then you are correct and you would need to provide all legally required notice and if he still refuses to leave, file to evict him in landlord-tenant court. If, however, there is no landlord-tenant relationship between you and he is more akin to a guest that refuses to leave rather than a rent paying tenant, then you will need to file to eject him in regular circuit court instead of evicting him in landlord-tenant court. The end goal is the same - remove him from the dwelling, with the aid of the Sheriff if necessary. However how you legally get to that goal is quite different in eviction vs. ejection. Generally speaking, eviction is faster and cheaper than ejection. How much it will cost depends upon how hard he fights it (if he fights it at all) and how much time an attorney has to expend in getting rid of him. Both ejection and eviction are quite technical and not considered do-it-yourself projects unless you are very very familiar with the legal requirements. The slightest mistake by the "landlord" can easily get your lawsuit thrown out and you owing the tenant/occupant's court costs and attorney's fees, while he gets to continue living there and you start over from scratch. So hiring an attorney will maximize your chances of prevailing on the first try and can actually be cheaper in the end than not hiring an attorney. All this said, you need to talk with your attorney as to the anticipated costs but I would anticipate that it would cost and minimum of about $1000 to evict a tenant if you just have to go through the motions and file the paperwork. If he actively fights the matter, the expense will likely climb significantly. If you have to eject him, I would expect the cost to be $2,000 - $8,000 or more, depending if you have to go all the way through a trial. Good luck.

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