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weskitoo

@rr.com

how do i get someone out of my house

i moved to California and couldn't sell my house. so next i put it up for rent. i got a family that wanted to move in so they did in the middle of Nov. but they never signed the lease. they never paid me for Nov. they paid dec. and then said he got laid off in Jan. he sent me half on the 13th. and was suppose to pay the other half of Jan on the 20th. still has never signed the lease paid and of the deposits or Nov money. how can i get him out there and how can i get the money he owes me to date. this is in the state of Oregon



Gbcue
Premium
join:2001-09-30
Santa Rosa, CA
kudos:8

1 recommendation

Call the cops.



TearAbite
D'oh

join:2001-07-25
Rancho Cucamonga, CA
kudos:2
reply to weskitoo

i think it is more complicated than just calling the cops if they "live" there.
--
Don't hate OS X users because of YOUR poor choice in an OS..



way2evil
Premium
join:2007-09-14
New York, NY
kudos:1

1 recommendation

said by TearAbite:

i think it is more complicated than just calling the cops if they "live" there.
If there is no paperwork they are just guests. Call the cops.


r81984
Fair and Balanced
Premium
join:2001-11-14
Katy, TX
Reviews:
·row44
reply to TearAbite

said by TearAbite:

i think it is more complicated than just calling the cops if they "live" there.
They don't live there. They rent there.

Anyways all you can do is try to get them out yourself by scaring them or removing all their things and changing the locks when they leave the house.

Otherwise you will have to evict them the proper way. Every state is different, but you will have to do some kind of eviction and they will be able to live rent free for a while until a sheriff will forcefully remove them. I doubt you will get any money out of them.
--
Republicans: less fiscally conservative than that other party.


Bruschi
Premium
join:2001-04-16
Cape Cod
kudos:1
reply to weskitoo

Agree no paperwork call the cops!
--
Professional student pilot!



TearAbite
D'oh

join:2001-07-25
Rancho Cucamonga, CA
kudos:2
reply to weskitoo

dont they have squatters-rights or something?



r81984
Fair and Balanced
Premium
join:2001-11-14
Katy, TX
Reviews:
·row44
reply to Bruschi

said by Bruschi:

Agree no paperwork call the cops!
You need to read the renter/eviction laws first as the cops might come and tell you that you have to evict them and then you can't play dumb later on.
Even if people just broke in one day and squatted in your house for a while you might have to still evict them by the law. The laws are completely crazy like that and make no sense.

If I were you I would scare/trick them out of the house or just remove all their crap and change the locks when they leave for the day. If you can box up their things in the driveway where they will not be damaged then do that otherwise you might have to put their things into storage for them as if you throw it out they could sue you for the value.

If the above does not work then file for eviction and do it the official way.
--
Republicans: less fiscally conservative than that other party.

BlitzenZeus
Burnt Out Cynic
Premium
join:2000-01-13
kudos:3
reply to weskitoo

Either call a lawyer familiar with Oregon's housing code, or go down there to find out yourself.

Either way you'll have to pay somebody to do your job for you, but if you wan officer assistance, if available, you'll very likely need to be down there.

In most states you only have to give 30 days for them to leave on good terms, but 24-48 for them to be evicted on bad terms. Some rules still apply even without an official agreement.

So call somebody, or get your butt down there to handle this. Don't forget you need to hold the property they leave behind if they can't take it all, but you could charge a fee for storage, then try to claim in small claims court along with the lost rent if it's worth your time. However after a certain amount of time you are allowed to just sell, or trash their stuff if they don't come back for it.
--
My hourly rates:
$25 per hour.
$35 per hour if you want to watch.
$45 per hour if you want to help.
$75 per hour if you tried to fix it, and failed.
$125 per hour if you called tech support, and didn't fix the issue while making things worse



Tzale
Proud Libertarian Conservative
Premium
join:2004-01-06
NYC Metro

1 recommendation

reply to weskitoo

Try to have some compassion too.. I'd give them the edict and tell them they have 'x' number of days to get out or you're throwing them on the street. Don't just put them on the street today (if legal).

-Tzale



John Galt
Forward, March
Premium
join:2004-09-30
Happy Camp
kudos:8
reply to weskitoo

»www.osbar.org/public/legalinfo/tenant.html



r81984
Fair and Balanced
Premium
join:2001-11-14
Katy, TX
Reviews:
·row44

2 edits
reply to Tzale

said by Tzale:

Try to have some compassion too.. I'd give them the edict and tell them they have 'x' number of days to get out or you're throwing them on the street. Don't just put them on the street today (if legal).

-Tzale
I don't agree with that.
Unless the OP wants to try and work something out because he can afford it, he needs to get this tenant out and a new one in to pay his mortgage.

Helping someone out does not pay the bills.
If I lost my job, I would never expect someone to just let me live in their house for free. It does not hurt to ask for some time, but if the owner can't afford that then you can't expect them to.

Also, it looks like the tenant has problems paying rent. Did not pay for November and then did not pay for January even before they lost their job. I would not be surprised if the tenant never had a job.

The OP can learn from this. Next time run a credit check on your applicant and ask for paycheck stubs and have them pay the deposit and sign before they move in.
--
Republicans: less fiscally conservative than that other party.

BlitzenZeus
Burnt Out Cynic
Premium
join:2000-01-13
kudos:3

They know they are behind, but they are a month and a half behind at this point? It's very simple notify them in writing with a notice on the door they need to be out in X days, whatever the law says, as by accepting money the landlord started a tenant situation.

If people are going to be a absentee landlord they need to have a representative in the state at the very least.



DannyZ
Gentoo Fanboy
Premium
join:2003-01-29
Erie, PA

said by BlitzenZeus:

If people are going to be a absentee landlord they need to have a representative in the state at the very least.
At the very least have an attorney on retainer to answer questions like this.
--
Out the 10BaseT, through the modem, down the co-ax, over the fiber, across the backhaul, past the edge router, off the network...nothing but net


stevek1949
We're not in Kansas anymore
Premium
join:2002-11-13
Virginia Beach, VA

1 edit
reply to weskitoo

Sorry, here is a link for Oregon:

»www.osbar.org/public/legalinfo/1···ions.htm

Your landlord must give you a written notice in order to be able to start an eviction case. The most common notices include 30-day notices for “no cause.” With this notice, the landlord gives no reason for the termination of the rental agreement (although such a termination cannot be for an unlawful reason). Other common notices include 30-day notices for cause; 72-hour or 144-hour notices for non-payment of rent; and 24-hour notices for outrageous or dangerous conduct. If you are still in the rental after the end of the period specified in the notice, the landlord may then file the case.



i1me2ao
Premium
join:2001-03-03
TEXAS
reply to Tzale

i helped repair a buddies rent house after he took the high road and did that. they trashed the whole dam house. it is a business and renting should be treated as such..
--
calling a illegal alien undocumented is like calling a drug dealer a undocumented pharmacist



Ken Peterson
Premium
join:2000-12-08
kudos:3
reply to weskitoo

If the "tenants" never signed any paperwork, nor paid for "rent", does the "landlord-tenant" relationship even exist?


ctggzg
Premium
join:2005-02-11
USA
kudos:2
reply to r81984

said by r81984:

They don't live there. They rent there.
So if I rent an apartment I don't actually "live" anywhere or have a home?


Chaoswar
Premium
join:2002-09-23
Northlake IL
reply to weskitoo

The only advice I can give is to call a local attorney and proceed with a legal eviction. In most states you can't just "kick them out" but have to proceed in a legal fashion. Anything else up to and including changing the locks and throwing their stuff out should not even be entertained until you retain counsel.



i1me2ao
Premium
join:2001-03-03
TEXAS
reply to weskitoo

maybe they got squatter rights..



psafux
Premium,VIP
join:2005-11-10
kudos:2
reply to weskitoo

If they are paying you money to live there, they have some rights by default. As others mentioned, you need to check into those laws. At the very least, you could start the eviction paperwork. The court would hear your case, you would present your evidence why they should be evicted. Your renters would present their evidence why they should not be evicted. The judge would make his ruling. If the eviction process is successful, they usually have 3 days to a week to vacate the premises. You could sue the party or parties in civil court for damages (Missing payments, home damage, cost to file the eviction proceedings, any fees you had to pay as a result of getting the eviction served, gas money for travel related to filing the eviction and traveling to court, etc.)

If you just arbitrarily kick them out, they could come after you in court and make your life hell for a very long time.



prestonlewis
Premium,MVM
join:2003-04-13
Sacramento, CA

1 recommendation

reply to Ken Peterson

said by Ken Peterson:

If the "tenants" never signed any paperwork, nor paid for "rent", does the "landlord-tenant" relationship even exist?
1. Some rent money was paid and willingly accepted by the landlord.
2. The landlord willingly gave the keys over for the people to move in.
3. They established tenancy.
4. You have to go through the whole legal eviction process in order to get them out.


lordpuffer
RIP lil
Premium
join:2004-09-19
Rio Rancho, NM
kudos:2
reply to weskitoo

There must be a landlord/tenant division in the town/city that the house is in.....Ask them.
--
UCLA Only On A Clear Day-Class of '81



jmkraft
Premium
join:2002-04-11
Paris, IL

1 recommendation

reply to weskitoo

back in 1997, in Missouri, I bought a house from an old guy that said it was rented and he was afraid of the renter because he pulled a gun on him the last time he tried to collect the rent.

After closing, I staked out the house for a couple days, waited for him to leave, then went in and threw all of his stuff in the ditch. Screwed all the doors and windows shut, put "Do not enter" signs on all entrances and left.

A week later I went back and most of his things were gone. I then cleaned, repainted and rented it out to someone else.

While I wouldn't advise this for you, I would sure do it again.
--
-----
Free men do not ask permission to bear arms.


matt5

join:2001-10-06
Lagrangeville, NY

1 recommendation

reply to weskitoo

I speed read this case I already see a ton of "throw me in jail" moves being suggested.

Check with your local laws however it is pretty standard that...
You can not do anything to cause them to move, (this is called force full eviction or something...) this includes, changing locks, removing possessions, shutting off water, heat, etc, etc. If you do you may be liable to PAY THEM...

You have a month to month rental, so do some goggling and see what you can find for your location on month to month evictions. It may be very simple, it may be a PITA, but that's what you have, a month to month rental.

Doing anything to force them out you better not take forum advice and check before doing anything like that.

As I said do a little googling, alot is out their, few months ago we just got done evicting people lota googleing for laws and stuff, what we could / could not do, lot of good stuff out there.



BK3

join:2001-04-10
Geneva, IL
Reviews:
·AT&T Yahoo

2 edits
reply to i1me2ao

said by i1me2ao:

maybe they got squatter rights..
In most places, squatters don't have rights unless they have been there for many years, and in some places, decades. Also, the owner must not have noticed or taken any action during that time. You don't get squatter's rights by being there for only a couple of months. While I can't speak to Oregon's laws, this is the case in many places. YMMV.
--
Learn from the past and look to the future.


Retired
Premium
join:2002-11-09
Earth
Reviews:
·Time Warner Cable

1 edit
reply to Gbcue

said by Gbcue:

Call the cops.
That won't work.....the tenants that are there and didn't sign a lease are now considered "squatters".

It will be a lengthy process to try and remove them, especially since they been there for almost 90 days.

»money.howstuffworks.com/squatting.htm


Caddyroger
Premium
join:2001-06-11
To the west
Reviews:
·Comcast
reply to r81984

said by r81984:

If I were you I would scare/trick them out of the house or just remove all their crap and change the locks when they leave for the day. If you can box up their things in the driveway where they will not be damaged then do that otherwise you might have to put their things into storage for them as if you throw it out they could sue you for the value.
By the law when you put their belonging outside and change the lock you have evicted them. They could take to court and stay there rent free for has long the law allows.
--
Caddy

bigrigtruckr

join:2009-01-10
reply to weskitoo

Show up one day with a Lease in one hand and an eviction notice in the other. Tell them they will sign a lease or they have 30 days get the hell out. Of course on the lease the rent will be double what they may or may not have paid.



bootEmNow

@comcast.net
reply to weskitoo

if the house tested positive for lead paint or asbestos, i suppose the deadbeats would have to leave, no?