I'm renting a three bedroom house with two other people. It's a month-to-month lease and I've been on it for the last two and a half years. My roommate moved in October of 2016 but wasn't on the lease until a few months ago. I'm functionally (not officially) subletting the house and I've asked that she move out by the end of the month. She's (understandably) unhappy about it and is arguing that this timeframe is unreasonable. While I'm willing to work with her on the move-out date, I'm worried that the living situation could get fairly nasty. My landlord has let me know (over text) that he's backing me on this. As far as I can tell, Portland requires 90 days notice, but she's been smoking in her bathroom (which violates the lease agreement). Do I need solid proof of lease violation to ask my landlord to issue a 30-day with-cause notification; and if so, what would that evidence look like?
You either are subletting or you are not - there is no "officially" or "unofficially". It determines whether you have the right to make her leave or not. If she co-signed on the lease, only your landlord has the power to throw her out and as otherwise supportive as they may be, they may not want to invest in the cost of forcing her out for your benefit. All in all, you may want to review it all with a landlord-tenant attorney. And yes, if you want to terminate a month to month tenancy without cause, it requires at least 90 days advanced written notice if within the Portland city limits, as well as relocation assistance notices and possibly payment.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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