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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Removing Someone Living Under a Verbal Work-Trade Agreement

    My question involves an eviction in the state of: Oregon

    I own a house in OR that I also live in as my primary residence. I have several roommates including one who is (well, was) a friend I allowed to live in the house under a work-trade agreement. There was no written agreement of any sort (lesson learned!), just a "as long as work's getting done, it's good" verbal agreement. He's been slacking for months now and when I've expressed my frustration and asked for follow through in the past, he's said he'll do it but then not followed through. The other roomates want him out too as he's not open to any feedback and gets very angry and verbally abusive (I recently found out he was kicked out of his last home for very similar reasons). I've been out of town the last 2 months due to work travel I asked him to move out via email, giving him 30 days notice March 1st and also via the phone. He basically yelled at me and told me that owe him the time for the work he's done the last year and he's staying as long as he wants b/c it is within his rights. Honestly, I don't think he's fully there as he said a lot of things that are nonsensical, for example "plans are in place, you won't spoil this for me.", "you just don't understand how this works." , etc. He's also developed over the last few months a habit of spending most of his time day trading penny stocks online and before I left that was all he really seemed to want to talk about and he basically checked out of participating in the house (meetings, dinners, cleaning, etc).

    I'll be returning home next week and need to deal with the situation ASAP. At this point I have given him a non-formal 30 day notice, asked him to leave, he's not paying rent, not doing work, and is more of an unwanted house guest than a renter.

    Looking at OR's laws (http://courts.oregon.gov/Washington/.../eviction.page), they are written around leases and written agreements which I have none of so not sure what applies. Can at this point post a 72 hour notice pointing out lack of work and abusive behavior?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Removing Someone Living Under a Verbal Work-Trade Agreement

    If he's a month-to-month tenant with no written rental agreement, then you would evict him as a month-to-month tenant with no rental agreement. You would provide proper notice to terminate his tenancy based upon the facts of the case. If you try to rush things through by issuing an improper notice and he objects in court, the court will make you start over. You had a quid pro quo agreement, so even if he stopped doing the work he was to perform in exchange for 'free rent' he's a tenant. You will want to make sure that the notices you give are in proper form, such that they will be recognized by a court when you file an eviction action.

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