How do I evict without rental/lease agreement?

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How do I evict without rental/lease agreement?

I co-own property with my mother and the estate of my father. My parents (while father alive) brought home a homeless man and let him stay on our property in return for help around the property and help with my father. All “deals” made were verbal. Since my father’s passing he has become less and less helpful and is now no help at all and has become a nuisance. How can my mother and I evict him? He has been here 4 years (approximately). There has never been any written contract and he has never paid monies for rent.

Asked on August 1, 2010 under Real Estate Law, Oregon

Answers:

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

Answered 11 years ago | Contributor

I would seek to have the help from a good Landlord Tenant attorney in your area.  Generally, if a person lives on your property without a formal - i.e., written - lease they are considered a month to month tenant and you have to give them at least 30 days notice to vacate the property.  The statutes on how and what regarding notice are very specific and a violation could result in dismissal of your action on procedural grounds. Verbal leases can be tricky and there is a concern here regarding the Statute of Frauds which states that certain agreements must be in writing. But I am not 100% sure that he would be considered a tenant.  He may be considered some form of employee and then you would have to "fire" him and then evict him.  Seek legal help.  Good luck. 


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