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Blitzy46 · Sep 13, 2010, 02:10 PM

This "guy" told my best friend, Dave, that he needed a place to stay until September 1, 2010 when he would be moving in with his daughter and her family. Now it is September 13, 2010 and he is still out in the shed. When I spoke with his daughter, she told me there is no way he could move in with them. They are in a 2 br HUD home and expecting their second child in a few months.
I explained to George that he must move out and must not enter the premises because that is illegal. So now I have to change the locks and put a lock on the shed. How much time do I need to give the squatter to get his stuff out before I can lock the shed?

AK lawyer · Sep 13, 2010, 03:01 PM

Originally Posted by Blitzy46

... So now I have to change the locks and put a lock on the shed. How much time do I need to give the squatter to get his stuff out before I can lock the shed?

I wouldn't call him a squatter. You, Dave, or someone apparently told him it would be allright if he stayed there until 9/1. I think you will find that most of the experts on this forum agree: he is considered a tenant and you will have to give him a notice to quit in writing. In it, tell him the requisite number of days (depends on your state; may be as much as 30. I note that you are in Oregon.) to move out. If he doesn't, you will have to take him to court to evict him. And in many places you can be penalized for changing the lock.

ballengerb1 · Sep 13, 2010, 03:37 PM

This will be interesting since the shed is not considered a residence and would violate codes if he continued to live there. "guy" told my best friend, Dave that he needed a place to stay" Did you ever talk directly to him and give your permission was did your friend Dave tell him it was OK?

AK lawyer · Sep 13, 2010, 03:47 PM

Originally Posted by AK lawyer

I wouldn't call him a squatter.. .

I guess I was wrong:

ORS 90.100 (39) “Squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over as described in ORS 90.427 (7).

90.110 Exclusions from application of this chapter. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

...
(5) Occupancy by a squatter.

http://www.leg.state.or.us/ors/090.html

ballengerb1 · Sep 13, 2010, 06:12 PM

Maybe not, he is not occupying a dwelling unit. I think ius is now a trespasser. We need to hear from Blitzy who spoke to the man and allow him to come onto the property

AK lawyer · Sep 13, 2010, 07:49 PM

Originally Posted by ballengerb1

Maybe not, he is not occupying a dwelling unit.. .

Here is the definition of "dwelling unit" from the Oregon statute I quoted from earlier:

(9) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.. .

Seems like the definition would include this particular tool shed.

Blitzy46 · Sep 14, 2010, 12:48 PM

Thanks all of you. I believe he is less than a squatter because the shed is where the lawn mower is stored and is not fit for year round use for sleeping as George is doing because it leaks and is not a place for living. A week ago I gave him until today to get moved out and I'll be locking shed Wednesday. David will help me remove George's stuff from shed and ask George where he wants it delivered. I am moving back into the house where the shed is in the backyard of... I sure do not want George around.