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  1. #1

    Default Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Rental

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

    Hi I have been reading around, but have not been able to find anything specific to my situation.

    Here's the situation:

    I started dating a women in November. She moved in with me around Mid January on this year.
    She never got on the lease.
    She has never paid rent, or contributed anything financially to help out.
    Things went south, or more or less I got tired of taking care of an adult woman who won't contribute anything, and is obviously using my place as a storage unit for all her usleess junk she collects. I tried my best to remain civil, and asked her at the beginning on June to move out by the end of the month. She confirmed this 3 different times that she agreed to this over text message.
    I didn't see any effort or evidence that she was planning on moving out the last week of June. I was looking for some thing, around in a pile of her clothes, and I found a meth needles. I then found empty drug bags which seemed to contain maybe meth or cocaine residue in them. I contacted my landlord about it. Took pictures, but threw them out as I have a child in my home. He issues her a 72 hour eviction notice for being an illegal tenant. And changed the locks after the time was up. And stated that she has 15 days to get her stuff out, or he can remove it.

    Can he do that? I am not the one that issued the eviction. He did entirely. She is threatening to sue me now. Can she do that? What is my best recourse of action here.

    Context for her:
    She has no income, so I doubt she could come up with the money it would take to sue. If that's even an option for her.

    She is stating that I can't lock her out, and his eviction is illegal. Do I have to let her in? My landlord has stated that I cannot let her in. This seems like a sticky situation. I just want to take the path of least resistance here. Lesson learned for sure though. Don't take in stray cats in Portland.

  2. #2
    Join Date
    Sep 2010
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    Default Re: Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Re

    First, you need to tell us what city you are in. Portland, for example, has much more tenant friendly laws.

    The landlord seems to be confused. The time frames he has invoked don't apply here. His assertions are all wrong (I won't go into the details).

    You squeeze is, however, not a tenant under the Oregon state law. However, you will have to read your lease to see if the landlord can legally exclude her as a guest. The action, however, would be to evict YOU for non compliance.

  3. #3

    Default Re: Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Re

    We are located within Portland. Thanks for the information. Anything further would be of help. So my landlord is wrong? What course of action should he take? What course of action do I need to take here. She is harrassing me constantly wanting to get access to her belongings, but I have my landlord telling me that I cannot let her into HIS apartment. And I have her telling me that she legally should have access to her stuff. I don't know what to do, being pulled both ways here.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Re

    He should start by studying the Oregon landlord tenant statutes:

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

    https://www.oregonlegislature.gov/bi...rs/ors091.html

    I'm not finding specific laws for Portland but Portland publishes a Landlord Training Program that should be helpful:

    https://www.portlandoregon.gov/bds/article/96790

    And, since he's got it so horribly wrong, he might be wise to consult an attorney lest he be the one to get sued.

    As for you, I don't see you having done anything actionable so I suggest turning a deaf ear to her threats.

  5. #5

    Default Re: Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Re

    Looks like I will need to move in to his unit next door that is open, and he can give her a 24 hours notice. According to section-90.403. Or he can just kick me out. It doesn't state how long he needs to give me though. I know he for sure doesn't want her on his property. I've been living here for 8 years, never been late on rent. He doesn't want to see me go. Plus he is only renting a 4 unit apartment building. He only has 2 paying tenants if I go.

    And according to Section 90.403. He can also take possession of her property that's left here if she doesn't move out within 24 hours. As long as I'm out of the apartment. He gave her a 72 hour eviction, and 15 days to collect her property in the garage where it's stored. He said that's what is on the rental agreement.

    I may want to let him know about the laws though it appears. I just want to make sure this is true.

    Also, doesn't she have to hire an attorney to even sue? There are retainers involved I'm sure. And she can't even save $100 to get a storage unit to get her stuff out. I already gave her 5 weeks to figure that out verbally, and she made nothing happen. She is a meth addict, and has no intention of getting help for it. So she will broke, continuously using good hearted(niave) people like me is her survival tactic. Last time I checked, retainers can be at least a few hundred bucks. I'm willing to bet my landlord knows that she won't be able to come up with it.

    Oh, one last thing...

    Her stuff is still in my apartment. Can I take it out to the garage like my landlord asked me to?
    Can I let her in temporarily to the apartment to pack her things, and move them out? Does that void his eviction, and/or violate the lease agreement if I do? I've asked him if it was okay, but it appears he doesn't know landlord tenant laws too much, so I want to be careful with what I do personally myself. I personally don't care if she comes in to get her stuff, and move it out, as long as she's doing it at my convenience, during normal hours, like 7am-10pm. She tried to demand entry at midnight last night, and I told her to talk to my landlord about that.

    I don't mind moving her stuff to the garage either. She still has access to it, as she took the garage door opener with her when she left. I don't have any of mine in the garage, so I could really care less. I just don't know if there are legal problems if I simply move her stuff to the garage. It's taking up a good 50% of my apartment still.

    The apartment next door is looking like the most ideal situation for him to be able to make that happen legally, and quickly...


    Update: I asked him if she should come get her things. He told me that he does not want her on his property at all. He pretty much said to put her stuff outside, and tell her to come get it. Again, just because he says for me to do something, doesn't mean it's legal. I think he's letting emotions get in the way a bit. Emotions can bite people in the ass in these situations. Again, can I move her stuff to the garage, or at all? I would like her to be able to come get her things, but I want to do it fencewalking both sides here- landlord wishes, and the law. It might save him from getting sued if I can help her. Plus, I care about her enough still to not want to see her lose everything she owns. Her kids pictures, all the stuff that was her identity before the drugs took hold of her. I know none of you could really care less, but it would mean something to me if I could help her retain those things if possible. She would be devastated if she lost them. I'm not trying to devastate her. I just want us to part ways.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Re

    Looks like I will need to move in to his unit next door that is open, and he can give her a 24 hours notice. According to section-90.403. Or he can just kick me out. It doesn't state how long he needs to give me though. I know he for sure doesn't want her on his property. I've been living here for 8 years, never been late on rent. He doesn't want to see me go. Plus he is only renting a 4 unit apartment building. He only has 2 paying tenants if I go.

    And according to Section 90.403. He can also take possession of her property that's left here if she doesn't move out within 24 hours. As long as I'm out of the apartment. He gave her a 72 hour eviction, and 15 days to collect her property in the garage where it's stored. He said that's what is on the rental agreement.
    A rental agreement cannot trump state laws. The time line in the statutes are the minimum not the maximum.

    Also, doesn't she have to hire an attorney to even sue?
    No.

    Small claims court is cheap and informal and she can sue for monetary damages up to $10,000 without an attorney.


    There are retainers involved I'm sure. And she can't even save $100 to get a storage unit to get her stuff out. I already gave her 5 weeks to figure that out verbally, and she made nothing happen. She is a meth addict, and has no intention of getting help for it. So she will broke, continuously using good hearted(niave) people like me is her survival tactic. Last time I checked, retainers can be at least a few hundred bucks. I'm willing to bet my landlord knows that she won't be able to come up with it.
    Filing fee is $158.00. Process service is cheap. And sometimes fees can be waived for the indigent. Still, nobody gets sued until they get sued. Until you or your landlord are served with a summons and complaint all you need do is ignore her protestations.

    Her stuff is still in my apartment. Can I take it out to the garage like my landlord asked me to?
    Yes.

    As long as you don't sell it, keep it, or destroy it, storing it is fine.

    Can I let her in temporarily to the apartment to pack her things, and move them out? Does that void his eviction, and/or violate the lease agreement if I do? I've asked him if it was okay, but it appears he doesn't know landlord tenant laws too much, so I want to be careful with what I do personally myself. I personally don't care if she comes in to get her stuff, and move it out, as long as she's doing it at my convenience, during normal hours, like 7am-10pm. She tried to demand entry at midnight last night, and I told her to talk to my landlord about that.

    I don't mind moving her stuff to the garage either. She still has access to it, as she took the garage door opener with her when she left. I don't have any of mine in the garage, so I could really care less. I just don't know if there are legal problems if I simply move her stuff to the garage. It's taking up a good 50% of my apartment still.
    I think the garage is a good idea rather than letting her back into the apartment. If you let her back in she might sit down and refuse to leave.

    The apartment next door is looking like the most ideal situation for him to be able to make that happen legally, and quickly...
    As long as your LL is OK with moving you and handling your recalcitrant roommate himself.

    Update: I asked him if she should come get her things. He told me that he does not want her on his property at all. He pretty much said to put her stuff outside, and tell her to come get it. Again, just because he says for me to do something, doesn't mean it's legal. I think he's letting emotions get in the way a bit. Emotions can bite people in the ass in these situations. Again, can I move her stuff to the garage, or at all? I would like her to be able to come get her things, but I want to do it fencewalking both sides here- landlord wishes, and the law. It might save him from getting sued if I can help her. Plus, I care about her enough still to not want to see her lose everything she owns. Her kids pictures, all the stuff that was her identity before the drugs took hold of her. I know none of you could really care less, but it would mean something to me if I could help her retain those things if possible. She would be devastated if she lost them. I'm not trying to devastate her. I just want us to part ways.
    We do care to some extent or we wouldn't be here trying to help people.

    As long as you engage in common sense, preserve her property in the garage and allow her to come get it, despite your LL's objections you are legally in the clear as you are not the one instituting what appears to be an illegal eviction.

    I agree that you might be saving the LL's butt by doing that.

    The following is not legal advice and you do it at your own risk. But if you can arrange for her to pick up her stuff from the garage without your LL knowing about it and she doesn't go ape-shit on you, this whole business could resolve itself.

  7. #7

    Default Re: Can a Tenant Get in Trouble if a Landlord Unlawfully Evicts an Occupant of the Re

    Does the legal analysis change if the tenant changes the locks at the landlord's request and then gives the landlord a copy of the new key?

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