Eugene, OR asked in Landlord - Tenant for Oregon

Q: My roommate was evicted for smoking and distributing Meth on camera. She hasn’t left. Can she win in court to stay?

She has also tried breaking into my room in the middle of the night when I was sleeping high. Has stolen belongings, and let out a service animal!

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

A: It is unclear what you mean by she was "evicted" - a landlord can terminate a tenancy but only a Court can actually evict. IF a court has restored possession to the landlord, and she still won't leave, then the landlord simply needs to follow up and get a Sheriff to remove her. If the landlord has only tried to terminate her tenancy and she has not left, then it is up to the landlord to file to evict her in court and go through the court process. Whether she can win a challenge in the court process is impossible to say - IF the landlord drafted and legally served a proper termination notice, and IF the landlord can prove the basis for the eviction, then it is likely that the Judge will throw her out. But any error in law or procedure by the landlord can result in the tenant winning and staying, with the landlord having to start over. From your comments, it sounds as if the landlord may well have adequate grounds to terminate her tenancy (and yours if you both are on the same lease - terminating one tenant operates to terminate all co-tenants on the same lease or rental agreement. Nothing stops the landlord, however, from creating a new rental agreement with the remaining tenant(s) if they wish).

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