Asked in Landlord - Tenant for Oregon

Q: Do you have to give eviction notice to a house guest of over 3 years that has not paid any kind of money?

The owner of the home is elderly, having only a couple weeks to live. The owners children will take possession of the home when the owner passes, will the children become the house guests landlord? Do the children have to follow the landlord laws and do they have to follow Oregon eviction laws? What would the easiest way to get the house guest out of the house? What will the children be responsible for in terms of the house guest? The children plan to sell the house asap.

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1 Lawyer Answer

A: The first question is whether there is any sort of landlord-tenant relationship between the "guest" and the home owner. If there is, then yes, all landlord-tenant laws apply. If however, the guest has never paid rent and never agreed to pay rent or to otherwise provide service in lieu of rent for the owner, then landlord-tenant laws might not apply at all. Either way, if the owner passes away, no one has the legal right to administer or dispose of his property unless and until a court has appointed someone to do so - likely a probate of the owner's estate but possibly the estate would qualify for a small estate administration. Once a court has appointed a Personal Representative or other person to wind up the deceased's affairs, then they will have the authority to address the occupants of the deceased house. If landlord-tenant laws apply, then official Notices will need to be issued, depending upon the exact details. If landlord-tenant does not apply, then no notice is required BUT the Personal Representative or estate administrator would likely need to file a lawsuit to eject the person. Eviction (landlord-tenant) or ejection (non-landlord-tenant) have similar goals - get the person out, with the aid of the Sheriff if necessary - but how you get there legally is very different with ejection usually taking longer and being more expensive. All this is in more normal times. At the moment the courts are essentially closed, and the Governor has issued a moratorium on most eviction actions until at least June 20 and it is unclear where/how things will progress after that. Do note that it will be the Personal Representative's job to sell the house, not "the children's" per se. This also assumes that the house is currently Titled in just the current homeowner's name, with no right of survivorship of any sort specified. All in all, the probate attorney will likely help you resolve the issue or they may simply refer you to a local landlord-tenant attorney to address everything. Good luck.

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