Salem, OR asked in Landlord - Tenant for Oregon

Q: We rented a garage from a friend she died, her Aunt wants us out now, with no time to find a place can she do this

my friend died Nov 21, 2020, her Aunt has been badgering us ever since to get out. She is turning off all the utilities, even when we have offered to pay them, our rent was to pay the water sewer and garbage we have paid these bills and people living in the house was supposed to pay the Ele and not sure what else, I have offered to pay the wifi bill so we had wifi to house hunt and do housing up-dates and file for Marion county housing and Polk county housing, she said no, she told me to have it installed in my name, but yet she wants us out now so we have no time to get it hooked up in our name, can she just walk in and kick us out like this, i have a handwritten rental agreement that was done when it was just her and my wife and I. But it changed because she moved others in the house 8 months after we moved in and the agreement changed because of so many people living in the house, we each got bills to pay and that was our rent, we are in the unattached garage with use of the house.

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

A: I am unclear what you mean when you say you are renting a garage. Is this storage or is this residential living there? If residential, not only can Aunt not kick you out or lawfully terminate your utilities, you likely have damage claims against her if she tries. Further, who owns the property? If not Aunt but rather the now-deceased friend, then you need to find out whether Aunt has been appointed as Personal Representative (P.R.) of the friend's estate by the court in a probate or small estate action. If Aunt is not, or has not yet been, appointed P.R. then she legally has NO authority whatsoever to direct anything regarding the deceased's affairs or property. All in all, consider reviewing everything with a local landlord-tenant attorney. You may be entitled to recover damages as well as stay.

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