Castle Buys HousesOregon Registration #201264508
Home/Blog/A Squatter Almost Killed This Milwaukie Deal. Oregon’s New Law Saved It.
legal

A Squatter Almost Killed This Milwaukie Deal. Oregon’s New Law Saved It.

Oregon’s HB 3522 took effect January 1, 2026. Everyone wrote about removing squatters. Almost nobody wrote about what it did to the market for houses that have one.

By Gerren CastleSeptember 16, 2026
Can you sell a house with a squatter in it? An HB 3522 notice posted on the fence of an older Portland, Oregon craftsman home with someone on the porch

The short version

On January 1, 2026, Oregon changed how a property owner deals with someone living in their house who has no right to be there. House Bill 3522 lets owners use the standard eviction process instead of filing a separate civil lawsuit.

Every landlord blog in Oregon has written about what that means for removing squatters. Almost nobody has written about the part that matters more if you’re trying to sell:

It made houses with squatters in them sellable again.

A Milwaukie deal this year

We had a house in Milwaukie under contract — just south of Portland in Clackamas County. One of the owners had passed away, the surviving owner held the property, a family member was living there, and the place needed real work.

There was also a man staying in the house who wouldn’t leave when he was asked to. He had nothing in his name — no lease, no rent receipts, no utility account, no phone bill. Nothing that said he lived there by any arrangement.

I had a buyer ready to take it sight unseen. He wanted the house. What he didn’t want was the person in it, because until this year that was an open-ended legal problem with no predictable end date.

I sent him the new law.

He read it, got comfortable, and we closed in 21 days.

And here’s the part I didn’t expect. We stopped by the house and talked to him. We never had a problem getting access — he let us in.

He wasn’t hostile and he wasn’t trying to game anybody. He just wanted it done legally. He wanted to know he was being told the truth about where he stood rather than being pushed out by whoever showed up.

So we told him. The property was being purchased, he had no agreement with anyone, and the law on this had changed on January 1. That was the conversation.

He went. No notice served, no court filing, nobody yelling in a driveway. Knowing where he actually stood was enough.

Why that matters if you own one of these

Think about what the buyer was actually pricing before I sent him the statute. Not the roof. Not the kitchen. An unknown number of months in a legal process nobody could put a timeline on.

That’s why houses with unauthorized occupants sat, and why they sat hardest in the Portland metro, where the older rental stock and the sheer number of transactions mean these situations turn up most often. Cash home buyers didn’t refuse them because they’re squeamish — they refused them because you can’t underwrite an unknown. So owners got told the house was unsellable, or got cash offers priced for the worst case.

HB 3522 didn’t just give owners a faster remedy. It gave buyers a number they can plan around — and buyers who can plan will make offers.

If you own a house with someone in it you can’t get out, and somebody told you it can’t be sold, there’s a decent chance they were right a year ago and haven’t read anything since.

What HB 3522 actually changed

Before 2026, removing an unauthorized occupant meant a separate civil ejectment action — slower and more expensive than an eviction, and on its own track.

HB 3522 passed the Oregon Legislature unanimously in 2025 and took effect January 1, 2026. It lets an owner serve a 24-hour written notice to vacate stating the occupancy is unauthorized, and if the person doesn’t leave, file a Forcible Entry and Detainer action — the same expedited process used for a normal eviction. (Tonkon Torp analysis of HB 3522)

It works off the definition in ORS 90.100: someone occupying a dwelling without a rental agreement, without permission from the owner or a legitimate tenant, and without any legal right to be there.

The part that will get people in trouble

This is a narrow tool and it is easy to reach for the wrong one.

  • It does not cover holdover tenants. Someone whose lease expired is still a tenant. Oregon’s normal notice rules apply, including 90-day no-cause notice on longer tenancies.
  • It does not cover anyone where a tenancy got established. If rent was ever accepted, if there was a spoken agreement, if there’s any conduct that looks like a landlord-tenant relationship — the fast track probably doesn’t apply.
  • Guessing wrong is expensive. Treat a tenant as a squatter and you’re looking at relocation fees or a wrongful eviction claim.

On our Milwaukie house, the thing that made the situation legible was that there was no paper trail at all. That absence is meaningful evidence — but it is not the legal test, and it is not a determination you get to make yourself. Whether a tenancy exists is decided on the whole picture, by a court. Talk to an attorney before you serve anybody anything.

What to do if this is your house

  • Write down what you actually have. Any lease, any rent payment, any text agreeing to let them stay, any utility in their name. That record is what the analysis turns on.
  • Do not accept money from them. Taking rent can create the tenancy you’re trying to establish doesn’t exist.
  • Talk to a lawyer before serving notice. A 24-hour notice served on the wrong person is worse than no notice.
  • Know that you can sell it as-is, occupied. You do not have to resolve the occupancy before you sell. That was true before the law changed and it’s far more practical now.

Can you sell a house with a squatter in it?

Yes. You do not have to remove the occupant first, and you do not have to wait for a court. You can sell the house occupied, as-is, to a cash buyer who takes the situation on — which is exactly what happened on the Milwaukie house above.

We buy houses with people in them — occupied, as-is, in whatever condition the last year left it. We pay cash and we close on your date, across Portland, Gresham, Milwaukie and the rest of the metro. If the house came to you through an estate or you’re done being a landlord, that’s the normal version of this call, not the unusual one.

Oregon’s HB 4058 requires a registered residential property wholesaler to disclose in writing before you sign, and gives you three business days to cancel for any reason. I’m registered with the Oregon Real Estate Agency, #201264508, personally.

Have a house in Portland, Milwaukie, Gresham or anywhere in Clackamas or Multnomah County with someone in it you can’t get out? Call and ask for Gerren — (541) 250-3067. I’ll tell you what it’s worth occupied and what I think it’d bring empty, and you can decide from there.

Sources

General information about Oregon law, not legal advice. Whether someone is a tenant or an unauthorized occupant is a legal determination with real consequences for getting it wrong. Talk to an Oregon attorney about your situation before you act.

Ready to get your cash offer?

No repairs, no fees. Close in as little as 7 days.

Get My Cash Offer