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Old 12-20-2013, 11:49 PM
 
2 posts, read 5,763 times
Reputation: 10

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Hi, I've been living in a apt for 3 years and wasn't put On lease. I was renting a room from tenant who just passed away.
If landlord is kicking me out, what our my rights in Oregon on how long till I have to be out.
I paid Dec.'s rent in full to him right when my roommate passed away.

Getting worried.
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Old 12-21-2013, 01:42 AM
 
Location: Lakewood OH
21,695 posts, read 28,446,688 times
Reputation: 35863
You can talk to these people Community Alliance of Tenants. Standard leases state that any person living in a rental unit or house for a period more that two weeks must put their name on the lease. But since you never did that you were technically not a tenant.

Also you state you were renting your room from another tenant which is illegal since a person cannot rent out property that does not belong to him. Whether or not the landlord approved of this or even knew about it, he shouldn't have let it go on for three years. It wasn't fair to you because now the normal thirty day eviction notice won't apply in your situation due to the fact that you were never a tenant in the true sense of the word. He can demand you leave immediately so he can rent the place to someone else. He obviously cannot rent it with you in it so it is to his advantage for you to be gone.

I hope you can work out some sort of deal with him so you can stay at least until you find another place. You need to rent your room directly from the owner next time and put your name on the lease.
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Old 12-21-2013, 10:47 PM
 
Location: Tucson, AZ
1,588 posts, read 2,531,261 times
Reputation: 4188
You have 30 days and have no rights if you were not put on the lease. If you would never have been on the lease you would have had every right as long as you still had the same job and had no legal or credit issues. My guess is you would not have been approved, that's why you were never on the lease.

However, if you income qualify and credit is good and you have no criminal history, then you could try to apply the right way and get on the lease. Then you could stay. Unless the landlord wants you gone for any number of reasons this could be the case.

My thing is, I have no sympathy. You knew that you had to be on the lease or you had no legal right. Now your trying to use the I'm just a poor tenant and deserve a place to live excuse and I'm being evicted by an evil heartless landlord.

If you would have put yourself on the lease in the first place you would not be in this situation.

Also, have you read the lease that your roommate had? It could probably tell you quite a bit.

In our homes and at my wife's work (manager liaison for 100+ unit apartments.) Unauthorized occupants are a big no-no. If we/they can prove an unauthorized occupant, you have zero rights. Not only could we evict an unauthorized occupant we could also evict the paying authorized tenant for violating the lease agreement.

Every landlord is different, every tenant is different, and every situation is different. Do your best to look good to the landlord. If the land lord says go, then you need to go. Save yourself an eviction on your record and a possible sheriff lock out.
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