Portland, OR asked in Real Estate Law, Landlord - Tenant and Criminal Law for Washington

Q: Can I be charged with criminal trespassing after living on a property for 20 years?

I have been living on a property for about 20 years with the owner's knowledge and have never signed any paperwork or paid rent. Recently, the owner called the police on me for trespassing, cut off utilities, and now wants to pursue criminal trespassing charges against me. Additionally, I used to be the caregiver for my brother-in-law, who lived here until he passed away 3 years ago. There was no verbal or written agreement with the owner, and she hasn't filed for eviction. Can she legally charge me with criminal trespassing under these circumstances?

1 Lawyer Answer

A: This issue is rooted in Landlord/tenant law so you need to consult with an attorney that handle that type of cases because you may have an argument there. Obviously you don't have a deed or ownership because of purchase, but through being there with the knowledge of the owner you may have some legal rights and those will only be understood through that type of law. Then you will have to explain it to the prosecutor's office IF you have a leg to stand on through Landlord/Tenant.

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