Newport, OR asked in Landlord - Tenant for Oregon

Q: Do I need a divorce decree to remove a tenant who has left the marriage, and the apartment, off a lease?

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2 Lawyer Answers
Katherine Goodman
Katherine Goodman
Answered
  • Landlord Tenant Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: If you are a landlord with a valid lease agreement with the tenant then you will need to evict the tenant for cause. However, there are a lot variables that would need to be known before giving you more advise if you are the landlord.

If you are not the landlord and you are just the roommate, the landlord can only get rid of the roommate.

Either way more information is needed to make sure that you get a satisfactory answer to your question.

Good luck.

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

A: A divorce decree is most likely irrelevant. But more information is required to be able to offer options. IF the tenant signed the lease and has abandoned her/his tenancy, you may have rights to simply declare them to have abandoned their tenancy. If 2 people signed the same lease, and one has abandoned it, then they both have legally abandoned the tenancy and you likely can enforce the removal of the 2nd tenant or you can presumably enter into a new rental agreement with just the remaining tenant if you wish. All in all, if you want specific answers, as opposed to general legal principles, you need to simply make an appointment and review everything in detail with a local landlord-tenant attorney. Good luck.

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