A squatter is a person occupying a dwelling unit, or any other portion of the property, and using it for dwelling purposes, “who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.” A squatter does not include “holdover tenants,” i.e., persons occupying under a lease or rental agreement who hold over after their term expires. See, ORS 90.427 (11). [Comment: note the words “not authorized by the tenant.” This language suggests that landlords may now file FEDs against the squatter alone and not the tenant when there is an unauthorized person in the property that the tenant did not approve for occupancy.]
Historically, squatters could only be removed by filing a lawsuit for “ejectment.” This meant a complaint had to be filed in circuit court, then served on the defendant, and the matter was scheduled for trial like any other lawsuit. For anyone who has ever gone to trial over a civil claim involving, say, personal injury or property damages, they know the final hearing can be several months away. Because of their “speedy trial” rights under the Constitution, criminal defendants are first in line, which slows down the civil trial docket. The result was that squatters had the benefit of residing illegally in property for months until the court required that they vacate. Not a bad gig if you’re a squatter!
Under HB 3522, a complaint can now be filed in FED court following the issuance of a written 24-hour notice. MHCO Form 41A (24-Hour Notice) has been updated to include eviction of squatters.
[1] “Forcible Entry and Detainer.” See, ORS 105.105 et seq.
