Q: I have a renter, I gave him his 30 day notice and I think he is here. How can I check? He won't answer text messages.
I need to make sure he is out of the rental but unsure if I can enter to look. I think he is gone and left all his stuff behind.
A: Like any other time you wish to enter, you have to give him at least 24 hours advanced actual notice that you intend to enter. How you can do that depends upon the terms in your lease. IF it expressly provides for actual notice by text or email, that will then work fine. If not, see if it provides for posting and mailing notices. If so, post a notice on the door and mail a copy regular first class mail. If he has a phone, you can leave the notice on his voicemail or tell him over the phone or in person. Then, unless he forbids you to go in, enter at least 24 hours after the notice is given and inspect. Do note that he owes rent until you either know or reasonably should know that he has vacated and abandoned any claim to his tenancy - which it does not sound as if it has happened yet. Once he is gone, if he leaves property behind, you are NOT free to simply dispose of it. Instead, you must follow strict procedures specified in Oregon Landlord-Tenant law (ORS 90.425) or you may be liable to the ex-tenant for damages. Questions? Review it all with a local landlord-tenant attorney. Good luck.
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