Evicting a Tenant in Oregon: A Quick Guide for Landlords to Properly Follow the Law

Your Oregon-based career as a landlord or property manager has likely had its share of problem tenants, but you've maybe never evicted anyone before. While you never want this to happen, it's perhaps necessary now. You may think you have all the legal ammunition necessary to evict a problematic tenant.

  • Monday, May 8, 2017

  General   Legal   Oregon   Eviction Guide   

Your Oregon-based career as a landlord or property manager has likely had its share of problem tenants, but you've maybe never evicted anyone before. While you never want this to happen, it's perhaps necessary now. You may think you have all the legal ammunition necessary to evict a problematic tenant. Before you do, remind yourself Oregon has its own specific eviction laws to follow. These laws can also become a burden on your time when pouring through thick legal guides.

Issues with Rent

When you're dealing with a tenant who won't pay their rent, it can become a hard decision whether to evict or not. If you feel like it's going to become an ongoing problem, send them a notice for termination with cause. You can use VerticalRent to generate an Oregon specific eviction notice with cause.

Generally, you'll use a three-day or six-day notice for eviction due to reneging on rent. When a tenant hasn't paid rent eight days after it's due in Oregon, you have a legal right to send them a three-day termination notice. Should they not pay, you're within the bounds of the law to file a lawsuit to evict them.For a six-day notice, you can go to court to file an eviction lawsuit if the tenant doesn't pay rent after this six-day period.

Eviction Based on Rental Agreement Violations

When you evict someone based on how they violate your rental agreement, you go through more protracted steps. One of the most common is the thirty-day notice of cure.

In a scenario where a tenant goes against the rules, you can send them this notice to stop their violation within 30 days. Or, you'll have grounds toward eviction. Keep in mind that if you have to send this notice a second time, the tenant is going to have only 10 days to comply to your request.

Unconditional quit notices might also become necessary. These let you send a notice for a tenant to correct a violation within 24 hours due to going against your agreement.

Evicting a Tenant Without Cause

Perhaps you don't have any legal cause for evicting your tenant. Yet, you still don't want them living in your rental based on various factors. It's possible to still evict them. You'll have to wait until you reach the end of the tenancy period, as in a month-to-month tenancy process. The same goes with fixed-term tenancies.

Doing an eviction without cause can run into some expensive litigation. Some tenants may decide to fight it in court, leading to tenant defense strategies. Remember, you can't take the law into your own hands. Only a law enforcement officer with a court order has the right to fully evict a tenant, not yourself. Despite being a protracted process, following the law properly assures it's done in a humane way. At the same time, it makes it justifiable if you've had unsolvable tenant problems for a while.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.


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