Albuquerque, NM asked in Landlord - Tenant for Oregon

Q: I have a tenant who, when drunk,pulled two fire alarms in the condo building. Does this constitute eviction with cause?

There is a lot of circumstantial evidence he did this, but it hasn't been proven yet. If I could get an answer for both scenarios (he is proven to have done this; they cannot prove beyond doubt that he did this), that would be great. There was slight damage to one of the alarms.

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1 Lawyer Answer
Robert L. Mauger Jr.
Robert L. Mauger Jr.
  • Landlord Tenant Lawyer
  • Licensed in Oregon

A: Proof is not required in a civil matter "beyond doubt," but only by preponderance of the evidence. That said, before "eviction" you need to provide proper notice of a for-cause violation, with 30 days to cure the violation (in this instance, not pull any more fire alarms, or perhaps more generally, not unreasonably disturb other tenants) and the agreement must be part of the lease agreement. Evicting someone is a highly technical matter, and if you are planning to evict someone, you should at least consult with your own attorney.

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