Property owner's rights - evicting same sex friend

[Micheal852]

What is the name of your state (only U.S. law)? Oregon
Situation: A property owner's same-sex girl friend has lived with the owner in the owner's home for almost 2 years. The girl friend is still married to her husband who lives elsewhere. The property owner and girl friend have ended their relationship. However, the girl friend has refused to move from the owner's home. What legal action must the homeowner take to evict the friend? Do any "same sex partner" rights come into play in this case? If so, is the fact that the girl friend is still legally married have any impact?

Follow-up question: Should the owner use an eviction without cause? Is the fact that the girlfriend has begun a new relationship and is allowing the new "friend" and that friend's pets to visit the property sufficient for an eviction with cause? Does an eviction with cause always permit the tenant to stay if the issue stated as the cause is corrected?

 

[HuAi]

Domestic partnership wouldn't come into play here even if your state recognized it since the girlfriend is married. She is a month-to-month tenant and can be evicted with a 30 day written notice. Although the statute doesn't say so, the common interpretation is 30 days + any days left until the start of the next rental period (usually the first of the month). In this case since there is no established rental period, I think 30 days will suffice, but worst case its until the 1st of september if you give notice today. Here is the oregon statute verbatim:


Notice for Eviction
A landlord can give a tenant a 30 days notice to vacate and
not state a reason why. If a tenant is 5 days late in paying rent, the landlord is allowed to issue a 144-hour notice to pay or vacate. If a tenant is 7 days late in paying rent, the landlord is allowed to issue a 72-hour notice to pay or vacate. If the rent is paid within 72 hours, the tenant does not need to vacate. A landlord can give a tenant a 24-hour notice to vacate if the tenant has committed an "outrageous in the extreme" act. This may include threatening other tenants, intentionally damaging property or injuring someone. An act can be proven to be extremely outrageous even if it does not violate a criminal statute. However, no matter what the tenant has done to the rental unit or to the landlord, the tenant cannot be locked out of the unit nor have essential services stopped by the landlord.

 

[Micheal852]

Followup question

What type of eviction notice is correct for this situation? No cause, with cause, etc.?

 

[ecmst12]

Just write a letter stating "this serves as your 30 day notice to terminate your tenancy at this address, please have your belongings removed and your area cleaned up by XX date". Simple.

 

[HuAi]

Best way to serve her is make 3 copies - hand one to her, keep a copy for yourself, and send one via certified mail to have an outside record of the date.