How to Evict a Roommate in Oregon

Landlord Protection How to Evict a Roommate in Oregon

How to Evict a Roommate in Oregon

If you're questioning , you've come to the right place. The process is not a quick and simple one, but it is easier achieved with the guidance of DoNotPay. No matter what type of roommate or landlord problem you're facing, DoNotPay is here to assist you.

Eviction Laws Set by Oregon Officials

Every state has its own set of eviction laws. Those set by Oregon officials include:

  1. Landlords must post a Notice of Eviction to start the process.
  2. Written notice may be sent by mail, handed to the person directly, or sent by mail AND posted on the person's door.
  3. It is legal to evict someone because they complained to the landlord or another agency about the landlord.
  4. A landlord may send a 24-hour eviction notice if you committed a serious lease violation, such as causing extensive property damage.
  5. A landlord must provide the correct number of days' notice for the eviction procedure, based on the problem at hand.
  • 24 hours' notice - Property damage or violence against the landlord
  • 72 hours' notice - Non-payment of rent for a week-to-week rental
  • 144 hours' notice - Non-payment of rent for a monthly rental
  • 14 days' notice - To correct a lease violation
  • 30 days' notice - To evict for an uncorrected lease violation
  • 30 days' notice - Lease termination for anyone with a contract less than 1 year
  • 60 days' notice - Lease termination for anyone with a contract greater than 1 year

What Power Do I Have to Handle an Oregon Eviction?

You can, of course, ask a roommate to leave of their own volition. However, if both of your names were added to the lease, you do not have a legal right to make them leave. Instead, it is the right of the property's owner to start the eviction process. You are free to speak with the owner and let them know the reasoning behind needing to evict this other person.

Make sure you realize that getting the other person evicted could put yourself in jeopardy. If you signed a lease with a roommate because you could not afford it on your own, for example, then you may need to find a replacement promptly to stay in the home. The landlord could threaten to evict you as well due to the problems caused between you and your roommate and your inability to live without one.

Factors to Consider Before Kicking Out a Roommate

Before addressing how to kick out a roommate, it's important to consider the factors of why you're doing so. One argument between the two of you isn't enough to warrant a separation. You should only attempt to kick out a roommate if:

  1. They have failed to pay rent, utilities, or other agreed-upon expenses on more than one occasion.
  2. There has been a physical altercation.
  3. They have continually brought unfavorable guests to the residence despite your disagreement with them doing so.
  4. There has been damage done to your personal property.
  5. They have created a health hazard due to their uncleanliness.
  6. They have been involved in illegal activities while within the home or on the property.

You also need to ensure you are evicting your roommate legally, otherwise they may have a defense against the eviction.

Illegal evictionIf you try to evict your roommate without following the proper procedures, or in retaliation for exercising their legal rights, they may be able to fight the eviction
RetaliationIf you try to evict your roommate for filing a complaint against you or for joining a tenant's union, they may be able to fight the eviction and win up to two months' free rent as damages.
DiscriminationIf your roommate thinks you are trying to evict them because of their race, color, creed, age, sex, or disability, or because they have children, then your roommate may have a defense against the eviction.

What Happens if My Roommate Won’t Leave Willingly?

Perhaps you attempt to evict your roommate, but they remind you of their renter's rights and let you know they are not leaving. If they are unwilling to leave, you will need to get the landlord or property owner involved.

If the eviction process begins and the roommate has still not left, you may need to wait for the final judge's order and have the police escort them off the premises.

DoNotPay Helps You With Oregon Evictions

The question of  is made simpler with DoNotPay's help. Use our Landlord Protection product to discover your answer. We can send a demand letter to your roommate asking them to leave to potentially help your case.

  1. Search for and open the Landlord Protection product on DoNotPay. 
  2. Select which issue applies to you. 
  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter. 
  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process. 

What if I Need to Sue?

DoNotPay can also help you sue. Use our Sue Now product to get the process started. We'll get the correct forms mailed out promptly to get the ball rolling.

Will DoNotPay Assist With Other Rental Struggles?

DoNotPay handles more than roommate problems. No matter what rental struggles you're facing, we are here to assist you. DoNotPay addresses questions, such as:

Get DoNotPay’s Help With Other Questions

The aforementioned questions are just the beginning of what DoNotPay answers. We will address any question you have, no matter what type of dilemma it involves.

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