How should an Oregon landlord handle an unauthorized occupant?

Short answer

When an unauthorized person appears to be living in the unit, the Oregon landlord usually has two paths: send a for-cause notice under ORS 90.392 demanding cure (occupant leaves), or screen and add the person to the lease as a tenant. Both should be in writing and supported by documentation.

When this comes up

Long-staying guests, romantic partners moving in, and undisclosed family members.

Oregon rule or source to check

Lease language defining 'tenant' vs. 'guest,' ORS 90.392 (for-cause termination), and screening rules in ORS 90.295 and ORS 90.303.

Practical workflow

1. Document the occupancy. Keep dated observations, photos of vehicles, mail, and other evidence the person is residing in the unit.
2. Send a written reminder. A short written note pointing to the lease occupant terms often resolves the issue.
3. Decide on path. Choose between requiring the occupant to leave (for-cause cure) or screening and adding them as a tenant.
4. Use the right form. If pursuing termination, use an ORS 90.392-compliant notice; if adding, use a screening packet and lease amendment.
5. Memorialize the outcome. Document whatever path resolves: cure, addition, or termination filing.

Common mistakes

Going straight to a 24-hour notice for a long-stay guest, accepting rent from the unauthorized occupant in a way that may create tenancy rights, and skipping written documentation.

Related forms or workflows

For-cause notice template, lease amendment, new tenant application packet.

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Related Oregon resources

Propsistant provides educational information and workflow guidance. It is not a law firm and does not provide legal advice.

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