Q: Do the following incidents constitute cause (intentional dangerous behavior?) for a 24hour eviction ?
I own and live in my home in SE Portland. I rent 2 rooms to a couple who signed a 6 mo lease 12/9/2017.
On the evening of 12/25/17, I heard loud "bumping" sounds above me from the rooms they rent. It sounded as though they were wrestling and falling to the ground. Moments later I heard the female yell "he's hurting me". I was able to briefly separate them at which time she told me that she was "afraid of him" but that she did not want me to do anything then she went back up to the rooms with him.
On 1/4/17, I heard the same bumping and the female scream "Stop! You're hurting me". I immediately called 911. The male is a student of mixed martial arts. I am a 52yo disabled woman. He frightens me. When the police arrived the female said everything was fine so the officers did not make an arrest. During this incident, the male verbally gave me his 30 day notice. I have not received anything in writing. Can I write one up and ask him to sign it or do I have just cause to evict?
A: IF you are within the city limits of Portland, you can serve a 90 day no cause termination of tenancy notice on one or both. His verbal 30 day notice is unenforceable unless he puts it in writing. As to grounds for a for cause termination of tenancy, you may have grounds to issue a 30 day for cause notice telling either or both to "cure" the on-going disturbances within 14 days or get out within 30 and if they do neither, proceed to evict. I would think the noise and disturbance would be the best focus for that sort of notice. You can try a 24 hour notice but would have to prove, assuming he opposes it in court, that he inflicted substantial personal injury or seriously threatened to or created a substantial risk of doing so. If she won't back you up, you might well have difficulty prevailing in that but it all depends upon the exact facts. IF he threatens you, you may have grounds to seek an abuse prevention restraining order against him. If granted, even temporarily, it would get him out of the house immediately and likely give you grounds to terminate his tenancy in addition. Best of luck.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
