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Can I evict my son and daughter in law from my personal house. They have lived with me for three years .

Gresham, OR |

I gave them an eviction notice in writing 45 days before they are to be out. They refused to sign and I documented that and gave them a copy of the notice. Is the eviction process the same as for a regular tenant. They are to be out on or before May 31,2013 with all personal belongings. When they moved in it was a verbal understanding that they would find a place as soon as they could. My son has had a job for all most three years now.

Attorney Answers 4


  1. Yes, you can evict them. Just follow the eviction procedure that a landlord uses when evicting a tenant. You will want to consult with counsel though to make sure you follow the procedure perfectly. The law is very strictly and narrowly construed in landlord-tenant cases.


  2. Most eviction court will have instructions available for you online or at the filing desk.


  3. You may be able to evict them, yes, but for the procedure to be done legally (which is to say, enforceably under the law), you must follow the law precisely. Oregon laws hold landlords to strict standards when performing an eviction. You've already made one mistake, I'm afraid: a tenant who has lived in a home for more than a year is entitled to 60 days' written notice for termination of the lease. You should consult with an attorney if this is really going to be a legal conflict. (If they've already agreed to leave and are working on finding a new place to live, then it may not be necessary. But you won't be able to have a court help you kick them out if you haven't followed the law exactly.)

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  4. I would generally agree with Mr. Bodzin, you've probably given the wrong notice and (at least to be able to enforce your remedy in court) would need to start over.

    However, you don't mention if they're paying rent. If they're just "guests," even 3 year ones, they may be be considered "tenants at sufferance" rather than residential tenants, for which you don't need any notice period to terminate their right to stay. Of course, if you plan to evict them under that route, you'd definitely want to talk to an attorney, as it doesn't fit neatly into landlord-tenant law and explaining it to the judge (or negotiating with your children) will likely not be easy.

    Of course, if you've already arranged a move-out plan with your children, you might not need a lawyer. However, whatever the plan is, make sure it is in writing, in case they don't agree.

    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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