Q: how can i evict a tenant if i'm in a different state
the tenant was served a 60 day notice by my probate attorney and the tenant is refusing to leave and now my attorney wont help unless i give him more money and i dont have it, the tenant is in Oregon and i'm in california', is there any way we could have court on skype
A: No, the courts do not Skype. Upon a showing of good cause, a Judge MIGHT let some things be conducted by speaker phone in the courtroom but not trials. So it depends upon what you think is going to happen. Anyone can represent you in landlord-tenant matters in Oregon, it does not have to be an attorney (though it certainly helps to know the law if you want to win!). No surprise that your attorney wants to be paid for his time though I don't know how knowledgeable your probate attorney is in landlord-tenant matters (I am frequently hired by probate attorneys to remove recalcitrant occupants from the deceased's home precisely because the probate attorney is not particularly versed in landlord-tenant law). Regardless, being a landlord is a business and like any other business, it requires certain maintenance investments and comes with certain expenses. Occasional court costs and legal related fees are simply part of what has to be factored into determining a fair rent. If the tenant takes this to trial, you would almost certainly have to be here for that unless you hire a property manager to handle all this and more for you. Bottom line is if your tenant won't voluntarily vacate, a court action for eviction is the only way you can force him out and while the associated cost may be difficult, you may not have any more rent money coming in until you do.
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