Legal Question in Landlord & Tenant Law in Oregon

Re: Is this a lease? Owner occupant landlord in a bind

ORS 90.100 contains the relevant definitions:

(32) �Rental agreement� means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 or 90.510 (6) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. �Rental agreement� includes a lease. A rental agreement shall be either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.

(33) �Roomer� means a person occupying a dwelling unit that does not include a toilet and either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure.

(41) �Tenant� means a person, including a roomer, entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public housing authority. �Tenant� also includes a minor, as defined and provided for in ORS 109.697.

You probably have a fixed-term tenancy, so you would need to follow a "for cause" eviction.

FOR CAUSE EVICTION

You can proceed with a "for cause" eviction under ORS 90.392(2)(a) based on a MATERIAL violation of the Tenant's duties. The statute inlcudes a list of tenant's duties which you can rely upon even though they were not specifically spelled out in your lease/roommate agreement.

ORS 90.325(9) states that tenants shall "behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

You may have sufficient grounds if you have enough evidence to show they are interfering with the "peaceful enjoyment" of neighbors.

EMERGENCY EVICTION?

ORS 90.396 contains the criteria for an emergency 24-hour eviction if the tenants/tenants' guests/tenants pets threatens or actually harms anyone or property (must be substantial).

Although you have not reached this point I don't think, keep this in mind if things really do get out of hand!

Yes, it's a mess you're in. If you are interested in proceeding with an FED action (eviction) under ORS 105, I recommend you consult with an attorney to get an idea of your chances for success, as the tenants may present a completely different story in court and this may subject you to damages if you don't succeed.