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What steps must I take to evict a tenant who's past her 30 day notice to vacate.

Portland, OR |

My tenant rents a room in my home (Portland Oregon). She gave 30 notice to leave on May 1st. I have leased the room to another tenant (who moved in on June 6th). The vacating tenant has been unable to find housing. As an accommodation, I allowed her to stay in my finished basement until June 15th. She has still not found housing, is not paying rent, her possessions dominate my living room and despite her assurances of leaving, I see no evidence of it. How do I proceed with removing her from my home?

Attorney Answers 2


She already provided a written 30-day notice, then there's probably nothing else you need to do and can file an FED (eviction) with your county court.

Arguably, she could have established a new tenancy in your basement, depending on the terms of your agreement. In which case you may need to provide a new 72-hour notice for non-payment of rent.

My recommendation would be to hire an attorney to complete the eviction, especially if the tenant is living in your basement to keep things as professional and impersonal as possible and to make sure all of your notices are correct and so you don't have to issue them more than once.

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.

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2 lawyers agree


This former tenant may no longer qualify as a tenant (and thus may not have all the rights that go along with being a tenant. You shouldn't take any action on this without consulting with a good landlord-tenant lawyer in the Portland area. But, if this person is no longer a tenant, there would probably be nothing illegal about you simply changing the locks.

Again, do not do anything like this without talking to a lawyer first. If you do this and get it wrong somehow, you can wind up owing a LOT of money - it's not worth it to mess this up.

Portland Defender
1001 Southwest 5th Avenue #1100
Portland, OR 97204
(503) 592-0606

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