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-   -   How do we get our roommate not on the lease to move out (https://www.askmehelpdesk.com/showthread.php?t=778250)

  • Dec 10, 2013, 10:49 AM
    Sumojoe
    How do we get our roommate not on the lease to move out
    Our roommate who isn't on the lease moved in with two dogs. He didn't prevent them from mating when he made a verbal contract with I and other roommate regarding not letting them mate. Also violated verbal agreement in regards to what portion is his living area. He now has over half the house as his area. His dog has bit multiple people and he won't take it seriously. How can we get him to leave? We don't want to be bitten. It's frustrating and stressful.
  • Dec 10, 2013, 10:51 AM
    Sumojoe
    Oh and this was only supposed to be a temporary thing.
  • Dec 10, 2013, 11:12 AM
    LisaB4657
    You give your roommate a written notice that his tenancy is terminated and he must move out within xx days. The number of days depends on the state where the property is located. Tell us where it is and we'll tell you the correct number.

    If he hasn't moved out by that date then you file a lawsuit for eviction. You will be acting as the landlord (sublandlord) since you subleased a portion of the property to him.
  • Dec 10, 2013, 11:16 AM
    AK lawyer
    As I understand what you have written, you did verbally agree that he could move in. That would probably constitute a tenancy-at-will (with him being the tenant, and you and the other persons on the lease being sub-lessors). If so, you would have to give him written due notice to quit and, if he fails to move out in that time (30 days in most places), go to court to have him evicted.

    Did he promise to pay you something to help with the rent? What state or country are you in?

    You might consider calling an animal control officer and ask that the dogs be picked up.
  • Dec 10, 2013, 12:10 PM
    Sumojoe
    We are in Oregon.
    It was my understanding that notice to vacate may vary dependent on a number of factors including outrageous conduct. Or concern of bodily harm. Which we are concerned with. His dog is unstable and he leaves his animals here and expects us to take care of them.
  • Dec 10, 2013, 12:21 PM
    LisaB4657
    You're thinking of Section 90.396(1)(a) of the Oregon State Laws. That allows you to give him 24 hours written notice to remove the pet or the tenancy is terminated. This provision applies if the pet "seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant". However if he removes the pet within the 24 hours then he has cured the violation and the tenancy is not terminated.

    You can read that provision at ORS 90.396 - Acts or omissions justifying termination 24 hours after notice - 2011 Oregon Revised Statutes

    If he removes the pet and you still want to terminate his tenancy then you would have to give him 30 days written notice.

    You can read all of the applicable law at http://www.oregonlaws.org/ors/chapter/90

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