If Landlady Didn't Pay the Mortgage and the House is in Foreclosure Can She Evict

[ambersloves]

My question involves landlord-tenant law in the State of: Oregon

When my lease was up 6 months ago, I opted not to sign a new lease and revert to a month-to-month because I wanted to buy a house. I am now in the middle of a short sale and out of the blue I get a notice to vacate right after I had paid the rent for December giving me until the 15th of January. I was very confused as I have always paid my rent. When I moved in I prepaid the last months rent, so I responded that I was already paid through January. She was reluctant, but agreed to "let me" stay.

3 or 4 days later I was served papers saying that she hadn't been making the mortgage payments for months and that the house was in foreclosure. The person serving the papers said that she no longer had the right to force me to vacate. I wrote her a matter of fact, but sympathetic letter telling her that I didn't intend to vacate, but would continue to pay rent to her until the house was changed possession or was brought current at which point I would receive my required 90 day notice and leave.

She called me yesterday to tell me that she was coming home this weekend and everything needed to be cleared out of her room(?), and that if I stayed beyond the February 1st date she would legally evict me. Can she just "come home" and walk right into my house? Was I misinformed about the validity of the notice to vacate? I don't want it to end badly. I just want to close on my house and move out, not move just to move again in two months...

Any help would be greatly appreciated! Thank you!

[LawResearcherMissy]

Whether or not she's been paying her mortgage is irrelevant.

Under Oregon law, month to month tenancies may be terminated with 30 days written notice by either party.

The person serving the papers said that she no longer had the right to force me to vacate.

The person serving the papers is incorrect. If you held a lease, 90 days notice would be required to put you out. You do not. Rather, you have a month to month tenancy, and that may be terminated by a 30 day notice. Until the house is sold or taken back by the bank, she is still the legal owner, and she still has the right to put you out.

[aaron]

However she cannot take possession by "self-help" - if she still owns the home and wishes to retake possession, she needs to commence a lawful eviction process.