My mother rented a room to a tenant who is now endangering her, how can she evict?

Question

My 62 year old mom lives in a mobile home park in S. Salem, her current total monthly earnings are less than $800; I consider her financially and socially vulnerable. In Feb., she rented a room to a woman, only to learn that her park's management would not 'approve' the renter as a resident.  This denial by the park was accompanied by a letter to my mom that she was not permitted to accept rental payments from this woman, and must not have her living there. My mother asked the woman to move out by 3/1, but she didn't. Mom has not accepted rent payment from her since, and says the electric bills are $100 higher each month than this time last year. The renter stole the only key to my mom's front door, followed by veiled threats--for example--telling stories about killing pets of previous people she'd rented from. In April, My mom filed eviction paperwork, but a recent court notice said the hearing may be pushed to Aug....I'm very concerned. How can she get a more expedited court hearing?

Gregory L Abbott · Answer

The fastest and cheapest way is IF the threats and stealing will convince a Judge to issue a Family Abuse Prevention Act (FAPA) restraining order.  Mom can apply without charge at the court normally by filling out a petition form available from the court.  She needs to give thought and care to filling out the petition since this is what will limit her story to the Judge.  IF she convinces the Judge to issue a preliminary restraining order, the Sheriff will come remove her from Mom's home and once out, Mom does not have to let her back in (though she has to let someone else come remove the tenant's personal property).  Even if the tenant fights the restraining order and wins, it will be too late in terms of her moving back in.  This all said, and in reference to your comment about not getting an eviction hearing until August (it may be a blessing since unless Mom is VERY familiar with Oregon's landlord-tenant laws, whatever written notice (she DID give a written termination of tenancy notice to the tenant?) she is relying upon in court to evict the tenant is likely defective and she would not only not get rid of the tenant but have to start over again after paying the tenant her court costs and attorney's fees (which could be thousands of dollars)), like everywhere else, Oregon courts are struggling with Covid-19 and most court activities are either restricted or totally shut down (like evictions at the moment).  FAPA restraining orders, however, are likely to still be being issued.  But the process may be currently altered so she should call her local court before going there to inquire what their current local practice is regarding filing a FAPA petition and how to best go about it.  If she is serious, she may be best off to retain a local attorney to handle this all for her.  It will greatly increase her chances of success and getting things right on the first attempt.  If done correctly and is successful, the first thing the tenant will know about it is when the Sheriff shows up to remove her.  Permanently.  Good luck.

Q: My mother rented a room to a tenant who is now endangering her, how can she evict?