Eugene, OR asked in Landlord - Tenant for Oregon

Q: Do you still fall under tenant laws if there was never a lease or rental agreement? Lived in house for two years. Oregon

It's family. They decided to move to Texas and agreed to let us stay here until the house sold. 4 months and no sale but they want us out asap. Just need to know my rights as a tenant and how much notice they will have to give if we can't come to an arrangement. Thanks.

Related Topics:
2 Lawyer Answers
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: No rental agreement? Don't pay rent? Not likely to be a landlord-tenant relationship between you and them. IF no landlord-tenant relationship, likely means landlord-tenant laws do not apply. So you maybe able to be ejected but likely not evicted. An ejection can be filed without giving you any advanced notice. They have been nice enough to let you live there rent free - do you really want to put the family through a court battle because you want to take even more advantage of them?

1 user found this answer helpful

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

A: The key to whether Oregon's landlord-tenant laws apply is whether there is a landlord-tenant relationship between the parties. Leases and/or rental agreements can be evidence of there being a landlord-tenant relationship between the parties, but they are not specifically required. IF, however, there is no landlord-tenant relationship involved and the relationship is more akin to guests refusing to leave, then landlord-tenant laws likely do not apply and landlord-tenant court is the wrong place to be. Tenants are subject to potential eviction by the court. Recalcitrant guests are potentially subject to being ejected by the court. While the goals of both eviction and ejection are similar - get the person out, with a Sheriff's assistance if need be - how you get there legally is vastly different. Neither, however, are do-it-yourself projects. If you are unable to resolve this on your own, consider reviewing it with a local landlord-tenant attorney. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.