Legal Question in Landlord & Tenant Law in Oregon

2 names on lease for apartment, bills are paid separately by each tenant. One tenant hasn't paid for 3+ months. The other has paid all back money to prevent eviction. The nonpaying tenant refuses to move or pay up. What can the paying tenant do to move the nonpaying tenant out without moving themselves?


Asked on 2/07/10, 9:39 am

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

The paying tenant needs to evict the non-paying tenant. This is a legal procedure that starts with a specific notice to pay rent or move. If you have not done an eviction in the past, it is a good idea to work with an attorney to handle this because the landlord-tenant laws are very technical. If you do it wrong, not only could you lose and be stuck with the non-paying roommate, but you could also be required by the court to pay his/her attorney's fees.

Assuming the non-paying tenant still fails to move after getting the notice, you have to file a court action called an FED (eviction) against the non-paying tenant. If this FED is successful, eventually, the court will make an order allowing you to have the sheriff remove the roommate. This process can easily take 4-6 weeks to complete.

Once the roommate is removed, you can sue the roommate in small claims for the unpaid rent.

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Answered on 2/16/10, 10:39 am


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