New York, NY asked in Family Law and Landlord - Tenant for Oregon

Q: I live in Brookings, Oregon. My brother his girlfriend and their child refuse to leave my home. How do I get them out?

Hello my name is Debra and I live in Brookings, Oregon and I have a huge problem with my brother, his girlfriend and their child living in my home.

Approximately 2 years ago my husband decided to leave me. He bought a van and left and he now lives in his van. I stayed at our home continuing to pay the bills. To my total surprise, I found out that he had stopped paying the house mortgage and he failed to pay the taxes as well. I let my brother and family move in under the condition that he would do the needed repairs so I can sell the home. They have never paid rent and there is no written agreement between us. They have lived here for over a year and my brother has done none of the repairs. I told them they must move out and I gave them 30 days to do so. The 30 days have gone and they remain in my home and refuse to move out. What can I legally do to have them removed from my home and property?

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

A: Much depends upon the exact facts and details. IF there is a landlord-tenant relationship between you, you may be able to terminate their tenancy and evict them in court. The fact that they agreed to do repairs in exchange for being allowed to live there may (again, depending upon the exact details) be enough to establish the landlord-tenant relationship. If not, then you most likely will need to file to eject them. Eviction and ejection share similar goals but how you get there legally is quite different and they are normally handled in different divisions of the circuit court. Eviction is usually cheaper and faster but requires written notice to the tenants before filing. Ejection usually takes longer and is more expensive. Either way, you should review your case with a local landlord-tenant attorney before going forward. Good luck.

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