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Can I be thrown out because my roommate gave 30-dy notice & told family who came over wanting to see it that it won't be vacant?

Portland, OR |

Roommate gave notice. Both of us on lease. My friends want to rent other bedrm. Landlady had them fill out rental app. Then a family calls roommate asking for appt to view unit and before he can answer their call, they just show up. He explains I will be staying. They leave. They call a week later saying maybe they'd like a roommate. He thinks landlady must be forcing us to accept this and says he'll get back to them for appt to see unit. We ask landlady, she says her son sent them and she didn't know. Accepts my friends' app to move in, says they just have to pay fee to cover bckgrnd check she did, they can move in. Then she calls, leaves voicemail that she didn't know he "refused" to let them in and now, I have to get out by end of month and her lawyer told her pick a family over adults.

She said in front of three other witnesses she was telling me to move BECAUSE her son's friends (who came over without notice) weren't let see the place. (They weren't refused entry, just told I was staying.) Pretty sure this is illegal retaliation. Also pretty sure stating in front of witnesses she wants a family rather than group of adults is discrimination. Asked for written notice, she said she'll have it in mailbox today. Can I make her let me stay? Can't afford to move!

Attorney Answers 3

Posted

I'm a little confused by the fact that your "Roommate gave notice." If your roommate said the two of you were going to terminate your lease, that notice could provide the basis for eviction.

The rest of the details seem a bit confusing, but generally without some form of notice you cannot be asked to leave, but during the first year of a month-to-month tenancy all that's required is 30-days written notice. Whether the notice given is sufficient or whether there's a retaliation claim or Fair Housing Act claim will depend on the specific facts, for which you should consult your own attorney. Familial status is a protected class under the Fair Housing Act, which may apply assuming this is not an owner-occupied structure.

Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further. www.MaugerLaw.com

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Asker

Posted

I guess that is a little confusing...roommate gave his own 30-day notice, and I told the landlady that I would be staying and continuing with the month-to-month agreement but would be getting other roommates to occupy the bedroom being left by the roommate who is moving.

Robert Lloyd Mauger Jr

Robert Lloyd Mauger Jr

Posted

Got it. Well, unless she's given you a 30-day notice, you still have a tenancy and do not need to vacate. That might be enough to get the son's friends to balk at moving in. Retaliation is tough to prove, and I've had a lot of "good" retaliation cases not go our way.

Posted

LL would need to have valid legal reasons to terminate your possession (i.e. your lease is expired, or you are on a month to month lease, or you breached in some way). LL has no power to summarily evict tenants. Only a court does.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

Thank you. It is a month to month lease, but I am just hoping there is a way to perhaps reason with LL and continue to live there. I haven't done anything wrong!

Posted

Check to see if there is a local tenant's association who can help you with this. Attorney Rafter is correct.

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