Asked in Landlord - Tenant for Oregon

Q: We are on a month to month but when my boyfriend rented the place no rental agreement was ever signed, the landlord

Claims he's selling to his state trooper son and that's why it's not on the market and has given notice that they are showing the unit. Landlord also has given 2 eviction notices to my boyfriend claiming he's in violation of the rental agreement for moving me in. Can he really claim he's in violation of a rental agreement if such agreement was never signed?

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

A: Of course he can claim it - his problem is likely to be proving it if there are no written terms to refer to. These appear to be separate issues. A landlord can terminate your month to month tenancy with 30 days notice during your first year of occupancy (assuming you are not inside Portland city limits) or with 90 days notice thereafter IF the no-cause termination is without cause but with a permitted reason - and selling the property OR having a direct family member move in may be permitted reasons if acted upon correctly. The other eviction notices appear to be for cause, alleging violations of the rental agreement or laws. Even without an agreement in writing, I doubt a Judge would find that a landlord must allow anyone to move in without their express screening and consent; thus absent more to the story, I suspect you and your boyfriend may need to negotiate with the landlord to see if there is any way you can stay. Good luck.

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