Wrote a roommate agreement in OR until 8/1. Am owner of a house, now want roommates out. Is it a lease?

Question

I came from CA where a "lodger" in a private home is not subject to eviction law.

I then stupidly created a handwritten agreement called a "roommate agreement" with some people to dwell in the top two floors of my house, a furnished sublet, which quickly descended into HELL, including hostility, door slamming, snuck-in pets and snuck-in occupants.

I thought my "roommate agreement" would be subject to the same 30 day notice and I put on it "until August 1st" which is a long five months away. I am a single woman with 2 younger males and 2 younger females, 2 of which are not on the agreement.

I am wondering what the best way to proceed is. I want out. Will a judge have mercy?

Thanks for any help.

Answer 1

The residential landlord-tenant statutes in Oregon (and in many other states) are technical and favor the tenant. In Oregon the statutes are at Chapter 90, Oregon Revised Statutes (called "ORS" by lawyers and judges). If you wrote a roommate agreement that says the roommates can stay until August 1 then you have a lease that runs until August 1, unless the roommates default on the lease. You can then evict them for not paying rent, but the law is very detailed on how and when you give them notice that they haven't paid rent. You can't change the locks and throw their stuff on the sidewalk without becoming liable to them for damages. You need to consult a lawyer who does landlord-tenant law at once -- there are four or five in Portland who specialize in the field.

Answer 2

Stop playing mommie. Didn't your agreement specify the number of tenants? You as a landlord cannot have people living there and not have rental applications and full credit information on so that if you have to serve eviction papers you have the names and info to do so. They are twice as many people as originally agreed and they will be using more electricity, more water, etc. Where were you the first time a boyfriend stayed the weekend? You can't turn a blind eye and then get huffy about it. You also need a fully legal binding agreement. Are they lodgers or renters or what? Do you have a Certificate of Occupancy, is it a separate unit? You do have a hellish situation, but you made it yourself. Next time, get it all legal and screen your tenants and require full applications.

Answer 3

Mercy for what?

The fact that you were too cheap to pay $50 to a landlord/tenant attorney to advise you of your rights and responsibilities and to review your agreement BEFORE you jumped into all this? Good luck with that.

The "best way to proceed" would be to go see a real live lawyer who specializes in this area and ask him or her what your options are. They can probably draft a notice for you if any of what the tenants are doing is contrary to the agreement. If they don't comply, you can probably start court proceedings.

Answer 4

hmm do they have a copy? What agreement? They are lodgers. Ask them to leave and let them fight you.

Answer 5

probably need an OR attorney to help you with this one

best of luck