Legal Question in Real Estate Law in Oregon

Roommate/evictions

I have a roommate who signed an agreement made by me and in that agreement I stated that if for any reason(s) that I have to evict him/her, I will give them 1 week for them to move out. Now this person still have their stuff at my location but they have been living elsewhere. When I told this person they have this weekend to pack and move, they freaked out and started to threaten me. What should I do? Should I be worried about my safety? Should I hire an lawyer? Call the police?

Thanks


Asked on 4/04/02, 5:27 pm

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: Roommate/evictions

You have asked a complicated set of questions that should be dealt with quickly. You really need to talk to an attorney to have him or her review the agreement and advise you of your rights and duties.

Since it appears that you just gave this person the notice to move out (based on the date of your question of 4/4) and you requested that they leave over the weekend (which is 4/6), you have not even lived up to the 1 week notice that you indicate that the agreement provides.

It is possible that you may not be able to enforce your agreement under Oregon's Residential Landlord Tenant Law. Generally you cannot remove a "tenant" without giving that person 30 days notice. That time is reduced to a 72 hour notice for non-payment of rent, but there are very strict rules regarding when this notice can be given and the contents of the notice.

If the roommate has threatened you physically and you have a reasonable fear that the threats may be carried out, and you have had an intimate relationship with him/her, you may be eligible to obtain a restraining order against the roommate. This is a drastic step to take and should not be taken unless you truly believe that this roommate will cause you physical harm.

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Answered on 4/04/02, 6:41 pm


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