• Welcome to the new NAXJA Forum! If your password does not work, please use "Forgot your password?" link on the log-in page. Please feel free to reach out to [email protected] if we can provide any assistance.

Legal Advice on Evicting Tenant

WheelinJR

WheelinJR

NAXJA Forum User
Location
Portland, Oregon
Searching for advice from some folks.

I've had a roommate for about a year and a half. He and I have a written agreement that he is renting from me until 1/31/2009. This agreement is between him and I, and he is not on the actual lease for the apartment.

After a falling out between us, in which he violated my trust, and fought with my girlfriend, I decided to give him notice that he was to move out at the end of the lease.

Since then he's been angry, screaming, making false accusations of theft, swearing and name calling at me, and making myself and my girlfriend very uncomfortable.

Needless to say, I want him gone now.

He refuses to leave because of the agreement we have, and if I actually throw him out, he is threatening to sue me and report my girlfriend living here off of the lease to management. I'm not too worried about the management part, because I'm a perfect tenant as far as payments and such go, so I'd easily just pay a pet deposit and add her to the lease.

What can I do legally to get rid of him? I need a cop to just come drag his ass out in cuffs and throw him in the river.
 
Next time he goes after your GF, call the COPS...Then have them remove him from your place.. Have her file charges... Also put her on the lease now...Don't let him say chit to your GF....
 
After reading, there is a no subleasing policy as normal in all leases. It does say that my landlord can give him 24 hours to vacate.

My only concern there is that she's gonna be pissed at me and want me out too for violating the lease.

It seems like my best bet. I leave for Vegas on Friday for work, and my girlfriend won't even stay here, she's ready to move out because she's freakin out.
 
You yourself probably cant do anything to get him out, because the both of ya have a legal bind signed for the 2 of ya to live there. Only management could do something about getting him outta there, and at that, he'll probably tattle on you for the few faults you have against the lease.

Man, you guys are leaving early for the show, I dont leave till tuesday. Although, I dont have a booth to setup.
 
vortex said:
So yeah... What's up with that??? I hope she doesn't read that like I read that statement...:shhh:

-PJ-
Click to expand...

I'm hoping she has a cat
 
have her move her stuff out temporarily (so there's no proof that shes livin there) then go to the land lord and explain that u screwed up and let him live there and now u need him gone. maybe the landlord will step up and do the dirty deed for you....if you are truelly on good terms with them ?
 
mojojojo said:
have her move her stuff out temporarily (so there's no proof that shes livin there) then go to the land lord and explain that u screwed up and let him live there and now u need him gone. maybe the landlord will step up and do the dirty deed for you....if you are truelly on good terms with them ?
Click to expand...

x2
 
Yep, you are in a tough spot. Even without the signed paper, if he received mail there, and has lived there, he now has rights.

I would try... as messed up as it may seem.. try and sit him down and come to a reasonable agreement between the two of you that wraps the situation up as soon as possible.

There must have been some trust somewhere if you let him live there in the first place. This sounds lame.. but sitting down and putting you attitudes and hurt feelings aside and discussing what you two can do to change the situation will go along way. May be as simple as letting him skip on the rent in November so he can move..

Sounds lame.. but if you get the cops involved sometimes things can go totally left on you.. and like I said above.. he very well may have legal grounds to remain there. You can always call the non-emergency police number and ask them if you have options, and what rights he does have.
 
GlueNTape said:
You can always call the non-emergency police number and ask them if you have options, and what rights he does have.
Click to expand...
Yeah, West Linn is pretty chill at helping solve situations. Just call em up (503-635-0238) and tell the dispatcher you'd like to talk to an officer about a civil situation. They'll get your info and likely a cop will call you up and talk to you about it. They're friendly and helpful and almsot as bored as LOPD.
Good Luck...?
 
If they aren't on the lease (or even if they are) ask them to leave, give him enough time to get his things out. Since he's not on a lease then he's no more then a friend that needed a sofa to sleep on for a bit. You can tell your landlord that he needed a sofa and its gone on to long... he's threatening telling your landlord unless you let him stay there, last I checked blackmail was still illegal, tell your landlord and he has no legs to stand on. They can tell him to leave, or you can tell him your landlord said he had to go.

Nothing says get the hell out like a TRO either, don't be afraid to pull that card out and force him to get the hell out... ESPECALLY if there is some escalating domestic violence. Claim your afraid he might get out of hand. Which it sounds like its getting there. Even IF there was a lease, he wouldn't be able to come back. Give him time to get his shit OR wait until he starts in again with the yelling and name calling and give your local PD a call.

Move him out while hes at work, thats what my wife did to me, I'm pretty sure i WAS on the lease yet it was still legal for her... I don't see why it wouldnt be for you ;)
 
Last edited:
I recommend you talk to an expert in this area that can help you legally.

This could be a VERY difficult situation depending on each of the contracts.

It takes MONTHS to evict someone who doesn't pay their rent. Can you imagine how long it would take to evict someone who has paid their rent?

On a completely seperate note, depending on the situation, you might find a restaining order a better option if you are concerned for your safety.

Michael
 
2xtreme said:
I recommend you talk to an expert in this area that can help you legally.

This could be a VERY difficult situation depending on each of the contracts.

It takes MONTHS to evict someone who doesn't pay their rent. Can you imagine how long it would take to evict someone who has paid their rent?

On a completely seperate note, depending on the situation, you might find a restaining order a better option if you are concerned for your safety.

Michael
Click to expand...

From what is sounds like, he isn't on the lease and the lease states that there is no sub letting aloud. I think technically he can give the guy a week to move out and come by with the local Sheriff and have him removed and deny further access(he can't get his stuff). One of the guys I work with had to do this with an ex girlfriend that refused to move out.
 
WaXJ_Skier said:
From what is sounds like, he isn't on the lease and the lease states that there is no sub letting aloud. I think technically he can give the guy a week to move out and come by with the local Sheriff and have him removed and deny further access(he can't get his stuff). One of the guys I work with had to do this with an ex girlfriend that refused to move out.
Click to expand...

Maybe, that is what the expert is for ;)

ECKSJAY said:
That's simply untrue. Retain an attorney and you'll see how few hours it can take.
Click to expand...

Well, in my experience it simply is true. However, every county and contract will have an influence on this. Keep in mind, an attorney doesn't phisically evict anyone :)

Michael
 
Well, this all blew up last night. The battling ensued, so I called the cops.

They couldn't remove him, our agreement is binding. My landlord can evict if I take it to her, but my girlfriend freaked out about feeling unsafe and forced me to move all of her stuff out last night in the middle of the night.

So now I'm out her portion of rent and I am gonna struggle to not bounce the rent check. So looks like I'm stuck for now. Oh well.
 
You must log in or register to reply here.

Similar threads

ZomBrady
Gotta bitch for a minute
Replies
3
Views
88
RCP Phx
R
V
Suspension advice
Replies
18
Views
2K
Evan03
E
M
NP 231 input shaft
Replies
3
Views
2K
RCP Phx
R
E
RE CONTROL ARM DROP BRACKETS?
Replies
8
Views
1K
EastonTexas
E
Bent
UPDATE: I'm still working on getting things rolling
Replies
4
Views
1K
JohnX
JohnX
Back
Top