Will I go to jail if I throw my ex out? (Portland: real estate, rental)

[formosa]

I own a house. My ex moved in with me in June, 2017. He paid me $500 a month including his living expenses (he doesn't shop at all), utility and rent. We were in a relationship so I didn't care that there is not much 'real rent' in the $500. No formal rental agreement.

He broke up with me on Oct 1, 2018 but refused to move out immediately. He said he has 30 days to find a new place. I googled and found he does have 30 days to move out even though there is no signed lease.

I am very worried that he won't move out by 11/1. He is very poor and he smokes both cigarette and pot. He has about $1000 in his bank account. I saw my landlord friend go through the legal eviction process but still had to pay a lot money to the tenant in order for her to leave. The legal process didn't help much. It was expensive and time consuming (almost a year). I don't want to go through the legal route and I really want him out by 11/1.

If he stays after 11/1, I plan to put his things in a storage unit (i will pay for a month) and change the lock of my house when he goes to work. Will I go to jail for doing that? I can't find any answer online. He doesn't have money for civil lawsuit so I am not worried about that. However, if he calls the cop when he can't get in, will I be in trouble?

[LTU2]

It is not recommended to lock him out. Do not know your state, but it may have an "Illegal Eviction" law on the books that makes it a criminal offense? Maybe someone else can chime in?

[LTU2]

Oh dummy me, I see it is an Oregon issue! Duh!

[LTU2]

I don't see it is criminal, but that is a research opinion, not legal.

Click on the link, then Click on: Annotations; 6th entry down states it is non penal in nature.

https://www.oregonlaws.org/ors/90.375

Other laws may apply?? Use your own judgment.

[oregonwoodsmoke]

You can't. You cannot just toss his stuff out and change locks

If he doesn't move out, you have to file for an eviction for "over-stay"

Since you are in Portland, you might have to pay him several thousand dollars of relocation money, compliments of all your progressive voting neighbors. Its my undestanding that you don't have to pay relocation for tenants you evict, so don't hesitate to file that eviction as soon as legally possible.

Because you are in Portland, I suggest that you pay for a consultation with a real estate specialist lawyer, so you don't make any expensive mistakes with this.

He has to give you 30 day notice to move out, but you, the landlord, must give a much longer notice to get him to move out. So hope he goes at the 30 days.

[Metlakatla]

I wouldn't take the advice of strangers on the internet over that of an attorney, but here's mine anyway.

Throw his ass out. If he has the nerve to call the cops, tell them it's a domestic issue, which it is. I'm not recommending lying, but if there's any illegal drug use on his part or if he's been violent or shown signs of being violent, you can get a protective order saying he can't come on the property.

I think he may actually have some legal standing absent any illegal activity on his part on the premises or violent behavior, but it doesn't sound like he has money for a civil suit. Also, I don't think the cops can force you to allow him back in the house if he calls them. They'd probably just say it's a civil matter.

[reenzz]

Originally Posted by Metlakatla

I wouldn't take the advice of strangers on the internet over that of an attorney, but here's mine anyway.

Throw his ass out. If he has the nerve to call the cops, tell them it's a domestic issue, which it is. I'm not recommending lying, but if there's any illegal drug use on his part or if he's been violent or shown signs of being violent, you can get a protective order saying he can't come on the property.

I think he may actually have some legal standing absent any illegal activity on his part on the premises or violent behavior, but it doesn't sound like he has money for a civil suit. Also, I don't think the cops can force you to allow him back in the house if he calls them. They'd probably just say it's a civil matter.

Such bad advice. Throwing him out without following the legal process of eviction could end up costing the poster thousands in a illegal eviction lawsuit.

[Larry Caldwell]

Get a restraining order. Problem solved.

[Metlakatla]

Originally Posted by reenzz

Such bad advice. Throwing him out without following the legal process of eviction could end up costing the poster thousands in a illegal eviction lawsuit.

If you'll notice, I also cautioned her against taking anyone's advice here without talking to a lawyer. What I was trying to hint at is that there may be circumstances in which she solve the problem by doing what Larry just suggested, especially since the guy sounds like a real loser. Besides, her question was whether she'd go to jail if she bounced him out, and the answer to that is no. The advice was contingent on him not having the money for a civil suit —* she clearly stated that she isn't worried about that.

[formosa]

Thanks everyone. I got a reference of a good attorney so I am going to get some advise first to make sure I won't get myself in trouble by doing what I am going to do.