Q: Hi, what are the legal causes in which a tenant can be evicted without paying the new fee as per 2017 ruling?
My tenant has violated the rental agreement on three counts: 1. housing a large dog. 2. housing his boyfriend (not in contract). and 3. Leaving the apartment in a very unsanitary condition. I am wondering if I can evict her based on these violations?
A:
I assume you are asking about evicting a tenant without being liable for the Relocation Assistance Payments required of some landlords with properties within the city limits of Portland, If the landlord is not exempt from having to make those payments, they only apply if the landlord gives the tenant a no cause termination of tenancy notice, refuses to renew a term lease, or if the tenant elects to terminate rather than pay a rent increase of more than 10%.
You seem to be asking instead about for cause termination of tenancies. Relocation Assistance payments do not apply to them. So if you jump through the proper hoops by issuing a properly worded, lawfully served, 30 day for cause notice, and the tenant does not cure the violations (and you can prove it) within 14 days or get out by the end of day 30, you can proceed to evict following the usual process. If you are not VERY familiar with the process though, you may wish to work with a landlord-tenant attorney. Exact compliance with all the technical requirements in both law and procedure are required or you risk having your eviction suit tossed out of court; the tenant stays; you start over from the beginning; and you can owe the tenant's court costs and their attorney's fees (potentially thousands of dollars). Working with an attorney maximizes your chances of getting it right the first time. Good luck.
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