Answer. This sounds like a cross between Fatal Attraction and Pacific Heights! It appears your friend never saw either film, or if he did, he failed to get the message.
Here is a short - and not comprehensive - summary of the temporary occupancy agreement law, which is found in ORS 90.275:
- The temporary occupancy agreement may be terminated by:
- The tenant without cause at any time; and
- The landlord - but only for a cause that is a material violation of the temporary occupancy agreement.
- The temporary occupant does not have a right to cure a for-cause violation issued from the landlord.
- Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record.
- However, the landlord may not screen the proposed temporary occupant for credit history or income level, since they are not a "tenant" and their financial capacity to pay rent is immaterial.
- A temporary occupancy agreement:
- May provide that the temporary occupant is required to comply with any applicable rules for the premises; and
- May have a specific ending date.
- A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.
- A temporary occupant is treated as a squatter if they continue to occupy the dwelling in violation of the agreement.
In this case, the landlord does not appear to have a basis for termination, since you did not mention any "cause", such as a violation of the community rules, etc. However, since the tenant can terminate at any time, it appears that going forward, the occupant's right to remain has been terminated, and her continued presence makes her a squatter. ORS 90.100(43) defines a "squatter" as '_a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit." A squatter is not a holdover tenant.
Pursuant to ORS 90.110(5) the Oregon Residential Landlord Tenant Act ("ORLTA") does not apply to squatters. Accordingly, it would appear[1] that the tenant will have to file his own eviction. No notice is necessary. The complaint would be under ORS 105.126, for occupancies in which ORLTA does not apply.
As for the deputy, while his answer was technically wrong, since she had no legal right to occupy the premise after the temporary agreement was terminated, I would submit that he was interpreting the situation as he saw it at the time, not knowing the technicalities of ORLTA. And I would agree, to avoid a breach of the peace, an eviction is the safer way to go, where the squatter refuses to voluntarily leave.
And tell your friend to download Fatal Attraction and Pacific Heights. Together they provide a cautionary tale for the future.
[1] I am hedging here, because that statute applies where the person entered lawfully. In this case, however, I would argue that once the tenant revoked permission and she refused to leave, she was entering possession unlawfully.
