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?

[QUOTE/]
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.

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Quoting jk

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

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Would they change in my favor? Is there somewhere you could point me to. Sorry i just dont know what to look for thats why im here lol. Thanks for all your help though.

So as of the 1st i can go down to the court house and file a eviction and small claims? or just the evction for now untill they actually move out or i should charge them a whole months rent.

Could i change the animal rule to no animals and that would get them a 72 hour notice for that or something? Non payment of rent would be a 30 day wouldnt it?

Or would the no animal rule also apply to the eviction by force?

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Would they change in my favor?

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Quite the opposite. You may be granted possession of the property, but generally landlords are prohibited from collecting rent on illegal apartments, so you'd be out of luck when it comes to any monies owed.

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Could i change the animal rule to no animals and that would get them a 72 hour notice for that or something?

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No, you can't just change your agreement willy-nilly and use it retroactively. If you're going to change the agreement, you need to give notice of a full rental period - in this instance, one month.

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James Shields;646505]Would they change in my favor?

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If it was an illegal apartment? No, it would injure your claim. It is illegal to rent an illegal apartment so the courts are loathe to assist you in recovering illegal gains.


Is there somewhere you could point me to. Sorry i just dont know what to look for thats why im here lol. Thanks for all your help though.





I have no idea what rules you have imposed on the guy. Does he have an animal? Did you disallow animals?

You can't change the rules instantly. You have to provide proper notice of the change. Generally not enforceable until the beginning of the next rental period, at least. Some state require at least 30 days notice for new rules to take effect.

Non-payment of rent

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90.394 Termination of rental agreement for failure to pay rent. The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.105 to 105.168, as follows:
(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:
(a) At least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or
(b) At least 144 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.
(4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless:
(a) The notice is served on the tenant:
(A) By personal delivery as provided in ORS 90.155 (1)(a); or
(B) By first class mail and attachment as provided in ORS 90.155 (1)(c);
(b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and
(c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8]

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the problem with that is; they can cure the deficiency so the tenancy continues.

You have a couple days here to see what happens. I would tend to not let yourself get too worked up about this until the first. Then, if he has not moved out, file for an eviction. That is also not an instant action so again, don't get too worked up.

If you depend on his notice, you are not terminating the tenancy. He already has. If you start trying to speed things up as you are suggesting, it will take you longer.

Right on thanks guys for the help.

It is 6:24pm on the 31st and they are now just starting to move stuff out. I guess i will see if they are done by midnight. Than when he give me the keys i will make another attempt to collect on the past due bills and give him till the 30th of September or i will have to take the next step.

sounds good. Giving any notice in writing with you retaining a copy of what you give him along with the date, time, and how and where you delivered it to him would be a good idea.