My wife has conservatorship of her uncle (age 95, chronic dementia). He lives w/ us now, but his step grandson remains in his old home (uncle has reverse mortgage soon to expire). Step grand son is running up thousands of $'s in utility bills that my wife continues to pay. We need to get him(them) out!! ASAP! Step grandson is NOT A TENANT but is squatting on the said property. Since he has never paid rent, I don't feel an eviction notice holds water. How do we confront him and get him out?
You need an attorney to start proceedings. Only the owner or legal representative of the owner (not sure under OR law if your wife now qualifies as such) can get a court order to remove the person. In my state where there is no lease it is not called an eviction but an ejectment. OR may have similar law - usually ejectment is harder than eviction. Consult a lawyer and do not confront this person because you can't do this on your own.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
Yes, your wife needs an attorney to file a suit for ejectment. Then once she has that, she can get rid of the stepgrandson. She may want to quit paying the bills as well. If he doesn't have water or heat, he may move on his own. She may also see if she can pay the person to move. It may be more cost effective. Just don't hand over any cash until he is out.
You are probably correct that an eviction action is inappropriate and need to file an ejectment action instead. Unfortunately, they tend to be more expensive and take longer than eviction actions if he fights it. Either way, it is not likely to be a do-it-yourself project and you may wish to consult a local landlord-tenant or consumer law attorney to establish a game plan. Good luck.
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.
Generally in such circumstances, a letter from an attorney is a good first step. It is also possible to make a move-out offer rather than expending the time and money on an ejectment suit. If an owner needs to file for ejectment, the process can be sped up (still slower than an eviction proceeding) by also filing for a preliminary injunction. Lastly, there may be a potential claim in there for financial elder abuse. In such cases, hiring an attorney is almost always the best way to remove such squatters as expeditiously as possible.
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