Can I be evicted from my rented space in a church with no cause given?
Full Question:
Answer:
The issue of how you may be asked to leave may involve the question of whether the Oregon Landlord Tenant Act applies to you.
The Act, which contains certain protections in an eviction for a tenatn, applies unless the renter has a "transient occupancy" in the hotel or motel. A "transient occupancy" is where: 1) rent is charged per day and is paid no later than every two weeks; 2) maid and linen service is provided at least once every two days; 3) the person has not lived there more than 30 days; and 4) the person who has lived there more than 5 days has a business address or a residence someplace else. All other people living in a hotel or motel are covered by the Landlord and Tenant Act.
According to Oregon law, "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. "Dwelling unit" regarding a person who rents a space for a manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700 (Definitions for ORS 830.060 to 830.145 and 830.700 to 830.870), but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.
The landlord must go to court to force you to leave. The landlord cannot change the locks, shut off the utilities, remove your furniture or take any other action outside the courthouse to force you to move.
There are only three ways that a landlord can get a rented place back legally:
- The tenant can move and return the keys to the landlord;
- The tenant can move away abandoning the unit without telling anyone of plans to come back; or
- The landlord can go to court and get an order, after a hearing, to have the sheriff force the tenant to move out.
If you rent month-to-month, your landlord may give you a 30-day notice (33 days if mailed) to leave without giving a reason. If you rent week-to-week, a no-cause eviction notice can be given after 10 days (13 days if mailed). ORS 90.900(2)
The landlord must hand-deliver the eviction notice, mail it to your address, or, in some cases, put the notice on your door and mail you a copy. If the notice is handed to you, the notice period starts to run immediately. If it is mailed to you, the landlord must add 3 days to length of notice time and state in the notice that three days have been added for mailing. If it is posted and mailed (24-hour and 72-hour notices where the written rental agreement allows this kind of service), the notice starts to run when the landlord mails the notice.
All eviction notices must be in writing.
The landlord will file a lawsuit called an FED, forcible entry and detainer. The sheriff or someone serving the court papers (FED Summons and FED Complaint) will hand them to whoever answers the door at your home or will tape them to the door and mail a copy later. The papers will tell you when and where to appear for court for what is called first appearance. The date will be less than 7 days away in most counties.
When you go to court on the date listed on the court papers, you can:
1) Ask the judge to dismiss the case if the landlord does not show up;
2) Tell the judge you will move out right away;
3) Talk to the landlord and ask him or her to give you time to move;
4) Ask the judge for a little time to move; or
5) Ask the judge for a trial if you have a defense. See Page 24 for information about defenses.
If you ask for a trial and you do not have an attorney, you must fill out a form answer and file it on the same day that you first go to court. Most courthouses have form answers you can use to describe your defenses. See "How to Use a Form Answer in an Eviction" on Page 23. There will be a filing fee in court. If you cannot afford the filing fee, ask the judge for a fee deferral at first appearance at the same time that you ask for a trial. Get a trial date from the clerk when you file the form answer. It is a good idea to talk to a lawyer before asking for a trial, even if you are going to represent yourself.
When you go to court, you should get there on time and be neatly dressed. Look at the judge while speaking, stay calm and be polite.
If you do not show up in court for first appearance on the date listed in the papers, your landlord wins automatically. The landlord will get a court order directing you to move and may have the sheriff post a three-day notice.
