Beaverton, OR asked in Landlord - Tenant for Oregon

Q: I am 20 years old and I live with my mom in Oregon. She kicks me out a lot. Is there a law about the days I have to move

I’m just concerned because I’m tired of having to deal with getting kicked out my own home with my little sister an my dog, an she kicks me out over jusy crap, an I leave an come back couple weeks later, she kicked me out last summer when I was 19 and I know at 18 you’re an adult but doesn’t the state of Oregon allow you 30 days to move out if you get kicked out your home. Also I am on the lease of 2020 this year sooo is that good? Does the landlord have to know about any of this since I am a person who’s on the lease an lives here.

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

A: I am not quite clear what you are asking regarding your now being on a lease. IF there is a landlord-tenant relationship between you (regardless of whether the landlord also has another form of relationship with you - parent, lover, friend, etc.), then only the landlord has the right to try to terminate your tenancy. Such a termination has to be either for cause (alleging you somehow breached your rental agreement or statutory tenant obligations) or for no cause (not saying you did anything wrong, I just want my dwelling back and you out). If you have been there less than a year, and you are on a month to month tenancy, a landlord can issue you a 30 day no cause termination of tenancy notice (90 days if inside the City of Portland limits). If it is a for cause, then the time frame depends upon what the landlord alleges you did wrong - a 24 hr. notice for outrageous acts (running a drug house out of the rental, or a brothel, etc.); 72 hours Notice for failure to pay rent; 30 days for most other violations, giving you 14 days to "cure" the violation and not repeat it or 30 days to get out. If it is for no cause and you have been there more than a year, then it has to be at least 90 days notice and for a permitted reason (see ORS 90.427(5). All notices MUST be in writing (NOT email, text, verbal, voicemail, etc.), contain the mandatory information, and be lawfully served to you - either personally handed to you; mailed regular first class mail to you with an extra 4 days (including the date it is mailed) added to the compliance date to allow for the mailing; or, if your written rental agreement provides for it, by posting the notice on the main entrance door of your rental dwelling and mailing you a copy by regular first class mail (no extra 4 days required). Note that other methods of serving you may be fine as long as they are in addition to the above, but NOT in place of one of these 3 methods. Also note that Certified Mail is not legal service and legally speaking, is the same as never having provided notice to begin with.

IF there IS no landlord-tenant relationship between you and the homeowner and you are essentially a guest that they want to get rid of, as long as you are of age (18 or older) and have resided there long enough to establish a residency (an undetermined number of specific days but if you stay overnight in my house, at my invitation, you have not established a residency. But stay say 2 weeks and you likely have...) then the owner can only legally kick you out by getting a court Order and having it enforced by the Sheriff. If they try to force you out without such a court order, call the police. As long as you can show you have lived there long enough to establish a residency, the police should tell the homeowner that they have to let you back in and go to court to get rid of you. That sort of process will likely take months if you oppose it in court and cost them thousands of dollars...or you can agree to just voluntarily leave, according to your own terms and/or whatever you can talk them into - would they like to contribute towards your moving expenses? Etc. Do remember, however, that these sorts of arguments with family members can have lasting repercussions for decades to come and just because you have a legal right to something, it does not necessarily mean that it is the wisest course of action. Keep perspective.

Questions? Review things with a local landlord-tenant attorney if you need to know your exact rights in a specific situation. Good luck.

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