What to do about a guest of a tenant that I am evicting?

My tenant has a boyfriend that has not been living there but stays as a guest. However, now that her 30 day notice is over I went to file the court papers and the people at the court told me that I can’t ask her guest to leave; he has a right to live there because I let him stay as a guest? Can I kick him out or do I have to let him stay? He has not been there 30 days. She has only been there 2 months.

Asked on January 11, 2013 under Real Estate Law, Oregon

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The guest is not a tenant for the purpose of the Oregon Revised Statutes 90.100(45)(c).  This section specifically excludes guests from the definition of "tenant."  However, Section 105.115, which controls evictions, does not limit evictions to tenants-- but also encompasses persons who are in possession of a dwelling.  You can find copies of these statutes on your state's website. If the guest is determined to stay after you have evicted the tenant, then he needs to sign and new lease and may a payment.  If he refuses, then you would need to file suit to evict him as well.


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