What is the best and quickest way to evict a tenant relating to potential protective order violations?
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What is the best and quickest way to evict a tenant relating to potential protective order violations?
A friend with disabilities currently owns a mobile home that he lives in. He had 2 people living with him without a lease. The first one who moved in had her boyfriend move in at a later date. No rent was asked of them. My friend lives on disability and suffers from autism/anxiety/depression. When he was physically injured and unable to move much the first tenant began to physically and verbally abuse him, kept food from him, and made it difficult for him to contact anyone outside since she took phone away, etc. Her boyfriend assisted her. Finally, my friend worked through his grandmother who lives nearby to contact Adult Protective Services and file a case. They got evidence to get a protective
order quickly filed against the female tenant; my friend did not file against the boyfriend in order to allow someone to care for her pets that were in the home, Also, the boyfriend was nicer and not the
Asked on October 18, 2018 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) If there was no rent paid, they are not tenants but guests (tenants pay rent to stay there); guests may be asked (in writing) to leave at any time and if they don't leave, a type of legal action called an action "for enactment" can be filed against them (think of it as eviction for non-tenants) to remove them.
2) A guest who leaves has no right to get back in and use/occupy the home; guests need permission to enter.
3) If rent was exchanged but there was no written lease, they were month-to-month tenants on an oral lease. A month's notice terminating the tenancy may be provided in writing, and if they still don't leave, an eviction action may be filed.
A landlord-tenant attorney can help with any notices and legal actions.
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