Sheridan, OR asked in Landlord - Tenant for Oregon

Q: roomate not on the lease and gave them an eviction notice and they said because it's not from the courthouse

Is it effective if it is not from a courthouse due to this person is not on the lease

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

A: The process is supposed to be that the landlord or their managing agent issue the tenant who signed the lease a 30 day for cause notice, giving them 14 days to get the unapproved occupant out of the dwelling or 30 days to get out. If the tenant does neither, then the landlord has to file in court to evict, based upon the 30 day for cause notice, and it gets battled out from there. It is also possible that other types of notices may also create a similar situation, depending upon the exact facts and history, but bottom line is the landlord has to provide a lawfully worded notice, lawfully served upon the tenant. IF that notice is not complied with, then the landlord has to file eviction paperwork with the local court and have the tenant served. The first day in court normally is about a week to ten days after the tenant is served with the Summons and Complaint paperwork filed in court.

Katherine Goodman agrees with this answer

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