Mcminnville, OR asked in Landlord - Tenant for Oregon

Q: How do I evict a person with only a verbal agreement for rent that lives in a travel trailer at the place I live/own.

I just want them off my property not the 2 years non-paid rent.

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

A: Has the person paid any rent since they have been there and what evidence do you have documenting the payment? Do you have any documentation in writing asking for rent? Additionally, more information needs to be known to give you a satisfactory answer. What type of tenancy was the agreement for i.e. week to week, month to month or for a fixed term. ORS 90.394 talks about terminating the tenancy for nonpayment of rent.

If there is no proof of the agreement you will have to look into ejectment. In either situation, I would reach out to a local landlord-tenant attorney, to help you walk through your options.

Good luck.

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

A: You are likely to need to be able to prove that there is a landlord-tenant relationship between you. A written rental agreement does that (among other things). A verbal rental agreement is fully enforceable though, assuming you can prove it and/or its terms. Did they ever agree to pay rent? Did they ever pay any rent? If the answer to either is yes, you may have the proof. Or perhaps they will not even contest there being a landlord-tenant relationship between you. If you think you can get past that hurdle, then you are likely to able to terminate their tenancy easier/faster/cheaper by pursuing a for cause termination of tenancy, be it for failure to pay rent owed, or other possible rental agreement violations.

IF there is no landlord-tenant relationship, or you are concerned you may not be able to prove it, then you likely will need to eject the party instead of evict them. Ejectment and eviction seek similar goals - get the person out, with the Sheriff's assistance if necessary. But how you get there legally is quite different in the two, with eviction usually being the faster/cheaper procedure. Neither, however, are do-it-yourself projects. Both are technical and require exact compliance with all the laws, rules, and procedures or you risk having your lawsuit tossed out and you owing the other parties court costs and possibly attorneys fees, plus you would have to start over from scratch. So consider at least reviewing everything with a local landlord-tenant attorney before proceeding - it can both save you money in the long run and help maximize your chances of prevailing on the first attempt. Good luck.

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