Asked in Landlord - Tenant for Oregon

Q: We are renting a home for 3 years in Josephine County. My adult children live there full time and I am there part time.

I just received an email that states she plans to evict us if we do not giver her 30 days notice. There are some other very uncomfortable issues. Rent has always been paid on time. She did an inspection in May took some pictures and now is telling us to get out and not to repair the minor items that need repair. She has refused to provide pest control for the ants. I am looking at the laws and this seems very unreasonable. She is accusing my son and his fiancé of using illicit drugs and they are not using drugs. She saw some spoons, forks and a napkin in a box in a bedroom, and accused them of being drug paraphernalia.

Related Topics:
1 Lawyer Answer
Gregory Abbott
Gregory Abbott
Answered
  • Portland, OR
  • Licensed in Oregon

A: You don't say the basis she alleges for being able to evict you. IF you give her 30 days notice it will be enforceable against you and you cannot retract it without her permission. IF you do NOT give her 30 days notice, she likely cannot evict you (since you have been there more than a year) without cause (unless she has permitted reason - only 4 and unlikely). Even then, she has to give you at least 90 days advanced written notice - and written means written, not text, email, etc. If she alleges for cause, such as for drug use, she will have the burden of proving it in court and nothing you have posted comes even close to constituting such proof. You can also go to court and ask the Judge to order her to eradicate the ant problem.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.