Roommate Gave Me 30 Days Notice But Has Not Moved Out

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

My room mates gave me 30 days that they were going to leave. They have till the 31st would be their last day at 11:59pm. I asked him multiple times when he was going to be out and he tells me before the 1st which is ok because of the 30 days.

I guess my question is, is that if they are not out before that time and they are still here on the 1st what can i do? Am i able to change the locks even if they have possessions in here? And then they could be mine so i can sell what ever they has left to try to make up for the 400$ in back bills they owes me? Can i have the sheriffs come and escort them out? I didnt have any contracts signed either from move in to now their exit. But i am not going to let them live here for free or continue to pay their bills... Thanks.

If they hold over they will continue to owe rent and, should you wish and if you are their landlord and not merely a roommate, you can commence an eviction action. You have no right to steal and sell their property.

So in order for them to be "out" they need to hand me the keys or what? When do i continue to start charging rent if they still leave stuff here? So what if they leave stuff here and i dont see them for a few days than i charge them the rent for the few days while their things are in their space?

just to clarify things


this roommate; they are your tenant? In other words, you have an agreement to rent the residence with your landlord and this roommate has nothing to do with that relationship. The roommates relationship is only between you and he.

is that correct?

the house is my dads that i am buying from him. My dad and i remodeled the basement for a studio to rent out. So im pretty sure im the landlord right?

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also do i have the right when it becomes the first to turn off utilities to their unit since they have not paid in 2 months for any, nor attempted to pay, with multiple reminders.

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So im pretty sure im the landlord right?

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If he pays the rent to you, you are his landlord. If he pays the rent to your father, your father is his landlord.

If they hold over, whichever of you is the landlord will need to commence formal eviction proceedings. You may not change the locks, disconnect utilities, remove the tenant's possessions, or interfere with the tenant's possession of the unit in any way until the court grants the eviction.

So i have to eat all the costs untill the eviction and the judge than will tell them, they need to pay me rent utilities ect? or i will have to do small claims? And how does small claims work, if they are subject to pay me how do they insure they do really pay me?

yes, that would make you the landlord in this situation


You cannot terminate utilities while he is a tenant. That is a constructive eviction and illegal.


If you are going to be a landlord, you need to learn the law:

http://www.google.com/search?q=orego...hrome&ie=UTF-8

http://www.leg.state.or.us/ors/090.html

I would post the section regarding what you can do with his property that he leaves but it is a very lengthy section. It is 90.425 in the second link I gave you.

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My dad and i remodeled the basement for a studio to rent out.

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did you obtain a building permit to do this? Are there legally required means of egress? Is a permit to use it as a rental required by your locality? Do you have one?

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did you obtain a building permit to do this? Are there legally required means of egress? Is a permit to use it as a rental required by your locality? Do you have one?[/QUOTE]

Yes, and its relevance?

And why couldnt i turn it off? If it were in his name the utilities would already be shut off, they are only staying on because i have to pay them.

Thanks ill look at those pages, i think im done with renting outside of family or friends after this, been to much of a headache to many people that have no respect for other peoples property.

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Quoting James Shields

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did you obtain a building permit to do this? Are there legally required means of egress? Is a permit to use it as a rental required by your locality? Do you have one?

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Yes, and its relevance?

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because if this was not a legal apartment, it changes things for you, a lot.

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And why couldnt i turn it off? If it were in his name the utilities would already be shut off, they are only staying on because i have to pay them.

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as I said; that is constructive eviction.



this section happens to apply to both turning off the utilities and illegally locking them out:

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90.375 Effect of unlawful ouster or exclusion; willful diminution of services. If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater. If the rental agreement is terminated the landlord shall return all security deposits and prepaid rent recoverable under ORS 90.300. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. [Formerly 91.815; 1993 c.369 §10; 1995 c.559 §23; 1997 c.577 §21]

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If the guy doesn't leave, you will have to evict him, legally.