Legal Question in Real Estate Law in Oregon

Landlord / Roomate rights to remove Roomate

I am a homeowner and I'm am renting a room. I do not have a Lease, but I did write up a list of conditions of living in house. i.e. must give 30 days notice, monthly rent, terms are month to month, and a series of house rules.

I am suspecting that roomate is stealing from me, and i want the person out. Since it is my house and he lives with me, does this follow the same rules of law and Landlord/Tennant Act in OR.

I have reported the theft of fraudulent credit card use and ATM use to the police and both cases are being investigated by police and the institutions effected. So if it is found that he did commit a crime, does this change anything? thanks


Asked on 7/18/01, 7:57 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Landlord / Roomate rights to remove Roomate

Yes, the Oregon Residential Landlord Tenant Act still applies, even to a roommate situation.

If it turns out that your roommate has committed a crime against you, it may change the type and timing of the notice to leave that you can give the tenant, but, that would depend on the list of conditions that you have written up.

Just because the list of conditions is not called a "lease" does not mean that a court would not consider it a lease. Landlords and tenants can agree to expand the rights allowed under the landlord tenant laws, but the tenant's rights cannot be reduced to less than those allowed by law.

Since the landlord tenant law is quite technical, you should seek legal advice to have a review of your "list of conditions" to determine what rights you and your tenant have.

Our office represents landlords only and does a low cost initial consulation. Please give us a call if you are in the Portland area.

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Answered on 7/18/01, 8:30 pm


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