Results 1 to 5 of 5
  1. #1
    Join Date
    May 2016
    Posts
    2

    Default Can You Make a Subtenant Roommate Move Out if They Aren't Approved by Your Landlord

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

    I had an agreement with a prospective roommate to move in on the first of May, 2016, under the verbal agreement they would pass their rental application with the landlord. They moved in on May 1, yet delayed turning in the application until May 7. It was denied on May 11. Their possessions are still in my apartment, they have a key, yet they have not been here in several days.

    There are no written agreements between them and myself, nor them and the landlord--except for when the landlord provided them a letter asking them to leave (I don't believe it was official or legally-worded).

    Are they legally considered a tenant? What are the legal requirements for me to have them leave? The landlord is also unaware of what steps are needed. Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Remove New Roommate That is Not on Lease and Whose Application Was Denied

    I had an agreement with a prospective roommate to move in on the first of May, 2016, under the verbal agreement they would pass their rental application with the landlord.
    Never do that again. Nobody moves in until AFTER they get approved by the owner.

    Their possessions are still in my apartment, they have a key, yet they have not been here in several days.

    There are no written agreements between them and myself, nor them and the landlord--except for when the landlord provided them a letter asking them to leave (I don't believe it was official or legally-worded).
    Two questions:

    1 - Did the prospective tenant pay and fees, rent or deposit? Delineate same.
    2 - More of a request than a question. Please post the entire exact wording of the landlord's letter.
    3 - Same with the wording of the rental application.

    Are they legally considered a tenant? What are the legal requirements for me to have them leave?
    Might be, depending on 1, 2, 3.

    The landlord is also unaware of what steps are needed.
    That's scary.

    While we are waiting for your response I suggest that you and the landlord study the Oregon landlord tenant statutes and keep them handy for future reference:

    https://www.oregonlegislature.gov/bi...rs/ors090.html

    If (and that's a big if) we can conclude that his tenancy is legal terminated, you'll only have to be concerned with Section 98.

    If the opposite, there is more you or the landlord will have to do to cover you butts.

  3. #3
    Join Date
    May 2016
    Posts
    2

    Default Re: How to Remove New Roommate That is Not on Lease and Whose Application Was Denied

    1. They paid me $540 directly for May's rent. No deposit. No utilities yet. No records of this.
    2. Unfortunately, I don't have the letter. Again, based on my talks with both parties, I believe it was not written with any specific statute or legal stance in mind--just a lazy attempt to get them to leave without a hassle.
    3. It's a pretty standard application, here is a link to a scanned image: http://i.imgur.com/AFdwBOq.jpg

    From their explanation, their application was turned down because of a credit issue that was wrongly tied to them through their ex-wife, and for their rental history being in a property that their relative owned--yet still a standard lease, according to them. They told me they intend to appeal the application denial.

  4. #4
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Can You Make a Roommate Subtenant Move Out if They Aren't Approved by Your Landlo

    Quote Quoting Tiles
    View Post
    The landlord is also unaware of what steps are needed.
    Seriously?

    I hope he's putting as much, if not more, effort into resolving this as you are.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Make a Subtenant Roommate Move Out if They Aren't Approved by Your Landlo

    Quote Quoting Tiles
    View Post
    I had an agreement with a prospective roommate to move in on the first of May, 2016, under the verbal agreement they would pass their rental application with the landlord. They moved in on May 1, yet delayed turning in the application until May 7. It was denied on May 11. Their possessions are still in my apartment, they have a key, yet they have not been here in several days.
    Quote Quoting Tiles
    View Post
    1. They paid me $540 directly for May's rent. No deposit. No utilities yet. No records of this.
    Whatever 'verbal agreement' you may have had in relation to approval by your landlord, the facts you have recounted make it likely that a court would deem that condition to have been waived by your acceptance of rent and by your allowing them to move in. That is, by allowing them to move in and taking their rent payment, it is extremely likely that you made them your subtenant. That would mean that you are obligated to provide them with access to the unit consistent with the terms of their tenancy and that any objection by your landlord is something you must work out with your landlord.

    You have not indicated whether there was any discussion as to the duration of the tenancy. If you agreed to rent for a period of one year or less, that lease term is enforceable without a written lease. If there was no discussion of a lease term, just of monthly rent, then they would be a month-to-month tenant and you can issue a 30-day notice terminating their tenancy. If you take that approach, keep in mind that you cannot keep them out of the premises during the notice period, your notice must be in proper form, and if they don't move at the end of the notice period you will have to evict them (you can't just lock them out).
    Quote Quoting Tiles
    View Post
    Unfortunately, I don't have the letter. Again, based on my talks with both parties, I believe it was not written with any specific statute or legal stance in mind--just a lazy attempt to get them to leave without a hassle.
    The content of the letter is important. Even if it wasn't the intention, it could in fact ratify that there is a tenancy.
    Quote Quoting Tiles
    They told me they intend to appeal the application denial.
    If the only reason cited by your landlord for denying their application is erroneous, they can certainly discuss the error with your landlord; but if you created a subtenancy, again, that's really something for you to worry about, as your obligation to provide access to the rented premises is separate from the obligations of your landlord.

    Apparently the person is ambivalent about moving in -- they have moved in some property but are not yet staying in the residence despite having paid rent. Perhaps you can negotiate a resolution with the person through which they agree not to move in, such that the issues largely become moot.

    1. Sponsored Links
       

Similar Threads

  1. Unlawful Eviction: Can You Lock Out a Roommate if Their Residence Was Not Approved by the Landlord
    By novicelaw in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 02-12-2016, 04:15 PM
  2. How Can I Make My Roommate Move Out
    By rwhite7768 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-26-2015, 08:44 AM
  3. Eviction Process: Subtenant Stopped Paying Rent - How to Make Him Move Out
    By kusuma7884 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-20-2011, 02:15 PM
  4. Roommates: Ex-Roommate Wants To Evict Subtenant and Move Back In
    By tabasco in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-30-2005, 03:10 PM
  5. Roommates: Trying to make roommate move out
    By aanngarner in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 09-18-2005, 12:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources