Homeowner in Oregon died, what happens to roommate?

[Newhousem]

What is the name of your state? Oregon.
My aunt died yesterday, she had a guy living in her spare room. We cannot find a rental agreement or a will. Seeing as none of us know this man we are uncomfortable allowing him to continue living in her house. But at the same time we do want to follow the laws. How much notice are we required to give him to move out?

 

[Zigner]

What is the name of your state? Oregon.
My aunt died yesterday, she had a guy living in her spare room. We cannot find a rental agreement or a will. Seeing as none of us know this man we are uncomfortable allowing him to continue living in her house. But at the same time we do want to follow the laws. How much notice are we required to give him to move out?

https://www.osbar.org/public/legalinfo/landlordtenant.html

"To end a month-to-month tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days notice is required for no-cause evictions. If your tenant has lived in the dwelling for more than a year, you must give 60-days written notice, except, again, in the city of Portland where 90 days notice is required. The tenant may also terminate the tenancy with a 30-day written notice. A week-to-week rental period requires a 10-day notice. A fixed term tenancy will end automatically on the last day of the term specified in the rental agreement. In Portland, however, a landlord must still give at least 90 days notice of intent not to renew a fixed term tenancy. You cannot end a fixed term tenancy early unless you have “cause” to end it, such as a violation of the lease by the tenant."

EDIT: The quoted text actually comes from https://www.osbar.org/public/legalinfo/1247_RightsDutiesLandlords.htm

 

[eerelations]

Only the person who actually inherits the house can remove the tenant. If you personally have not inherited the house, you cannot evict the tenant.

 

[Zigner]

Only the person who actually inherits the house can remove the tenant. If you personally have not inherited the house, you cannot evict the tenant.

Additionally, the estate can evict end the tenancy, (and take steps to obtain an eviction ruling from the court, if required), once it (the estate) is established through the court.

 

[adjusterjack]

How much notice are we required to give him to move out?

If you aren't comfortable with the statutory notice period you are free to go to the house and offer him cash to move out quickly.

It's advisable that somebody go to court and open probate under intestacy ASAP so as to get the authority to administer the asset and deal with the tenant.

 

[LdiJ]

What is the name of your state? Oregon.
My aunt died yesterday, she had a guy living in her spare room. We cannot find a rental agreement or a will. Seeing as none of us know this man we are uncomfortable allowing him to continue living in her house. But at the same time we do want to follow the laws. How much notice are we required to give him to move out?

Has the executor done an inventory of the contents of the house? A very obvious inventory of the house, along with a civil discussion with the tenant could make it clear that you expect him to move out and that you will know if anything is missing could encourage him to get out sooner rather than later.

 

[izzie02]

You also might want to consider empty houses with no one living in them can be difficult to insure. They are also more likely to be broken into. Maybe it wouldn't be a bad thing for renter to stay. But I would still go there and remove any valuables and paperwork just in case.

 

[FarmerJ]

Curious ? did they share common areas or did he rent only a bedroom and she didn't share her living room & kitchen or did he have his own kitchen, did her bedroom already have a lock on the door ?