Ask Experts Questions for FREE Help !
Ask
    Sumojoe's Avatar
    Sumojoe Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Dec 10, 2013, 10:49 AM
    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.
    Sumojoe's Avatar
    Sumojoe Posts: 3, Reputation: 1
    New Member
    		  
    #2

    Dec 10, 2013, 10:51 AM
    Oh and this was only supposed to be a temporary thing.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #3

    Dec 10, 2013, 11:12 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #4

    Dec 10, 2013, 11:16 AM
    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.
    Sumojoe's Avatar
    Sumojoe Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Dec 10, 2013, 12:10 PM
    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.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #6

    Dec 10, 2013, 12:21 PM
    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
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

No written lease and want roommate to move out [ 2 Answers ]

I seem to be in quite a pickle. I moved into an apartment in Chicago, IL seven and a half months ago (10/01/2008), alone. I paid a security deposit equal to one month's rent, and I never actually signed a written lease with the landlord. After three and a half months (mid-January, 2009), I...

Lease end in 6 mo. And roommate complain because I didn't tell her before she move in [ 2 Answers ]

I listed my advertisement looking for a roommate who wishes to live for 6mo. Or more. Roommate looked at the room and agreed to move in and gave me $50 deposit. At that time, she didn't asked me any questions nor I felt obliged to tell her that she have to move out after 6mo. Unless she wants to...

Want to move out at end of the lease, but roommate doesn't [ 1 Answers ]

I am currently in an apartment with a roommate in Raleigh, NC. Our lease expired and we decided to stay and automatically got changed to a month to month lease. I recently found out that my roommate has been late with the rent 6 out of the past 9 months, the most recent getting us a small claims...

Roommate not on lease in California refuses to move [ 3 Answers ]

I live in Los Angeles and have been unable to resolve issues with my roommate who is not on the lease. I have lived on this property for many years and am now on a month to month lease. My roommate has paid rent directly to the landlord and has some utilities in his name, but is not on the lease as...

I've terminated a lease but roommate refuses to move out [ 2 Answers ]

I have a roommate which I've given a 30 day notice in writing to terminate the lease agreement (I've posted on the door and had a witness sign it who viewed me posting it to the front of the door since the roommate and I don't get along and my fiancé an I want to live alone and start a family. ...

View more questions Search