Legal Question in Real Estate Law in Oregon

How to recover held possesions

My significant other and i have been living with a roommate for some time now. We were given the proper amount of notice that they were wanting to move, and thus we would be required to move as well. Communication and opposing work schedules being as they are, we were unaware that she was planning to basically kick us though we were told that a time extension would be given due to application processes and such. So as of April 4, we were informed that the apartment locks were changed and we were not allowed to pick up our belongings until she decided on a date and time.

There are quit a few more details and legalities, but my question sir(s), is this:

What action can i take to regain possesion of my property, without facing trespassing charges as she has threatened?

Please respond as soon as possible


Asked on 4/05/03, 11:44 am

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: How to recover held possesions

Under Oregon law, a residential landlord (even in a roommate situation) is not allowed to just change the locks when a tenant fails to move in the time provided under a notice.

The landlord could be liable to you for replacement housing and other damages if he or she just changed the locks.

The Oregon Residential Landlord Tenant Act, ORS 90, provides a mechanism for the recovery of your possessions if you chose not to pursue the landlord for the damages caused when they locks were changed.

Although my office is unable to help because we do not represent residential tenants, I strongly recommend that you talk to an attorney who represents tenants immediately.

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Answered on 4/07/03, 3:19 pm


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