If evicting a non-paying family member, must notice be given?

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If evicting a non-paying family member, must notice be given?

My grandmother has her adult son living with her and she wants him to move out but he refuses to leave. He does not pay rent. He moved in to help her through a time where she needed someone with her but she no longer needs him. What does she need to do to get him out? Does she need to provide him 30 day notice? Does she have to mail it to him even though they live in the same house to prove he received it?.

Asked on April 2, 2012 under Real Estate Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be a good idea for your grandmother to seek help from an attorney in her area.  She needs to determine what his "status" is under the law.  If he is considered a tenant then evicting him would be the best thing.  But she needs to make sure that he is properly served and mailing it to him in the same house may not cut it.  Good luck.


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