Q: I was forced to leave my boyfriends house. I’ve lived/got mail there for a year. Do they need to evict me?
My exboyfriend filed a false restraining order against me so I was forced to leave by sheriffs without my belongings. He never formally asked me to leave. I’ve received mail and resided there for over one year. However, I’m not on the lease. Am I still considered a tenant and does he have to evict me?
A: Assuming you are referring to a rental in Oregon, you don't say if you pay rent and if so, to whom - boyfriend or his landlord? Nor do you say what type of restraining order is in place against you. If it is a FAPA Order based upon alleged domestic violence, there are specific statutes that the landlord is allowed to take and others that he must take, at least if requested by the remaining tenant(s). Or are you a guest of your boyfriend? Presumably you have requested a hearing to oppose the restraining order and may want to see how that comes out. IF the restraining order is upheld, you're not going back anyway, so just get your property out and move on. If, however, the restraining order is dismissed, then you may have a right to return, depending upon what your landlord has done in the meantime (regardless of whether boyfriend is the landlord or his landlord takes action). All in all, you may wish to review everything in detail with a local landlord-tenant attorney. Good luck.
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