Q: Quickest route to evict a tenant: late payments, smoking pot/cigs in house. Our prop mgmt company is unhelpful--
We are owners with a property management company acting as liaison with tenant/payments/etc. We did an interior inspection with the property management company because so many of the neighbors were contacting us about lots of cars coming and going, loud parties, etc. The interior inspection showed many infractions- smoking both inside and out- which are strictly prohibited on the lease they signed. There were obvious signs of marijuana being used which is a special clause (possible 24 hour eviction) in the contract which states that the tenant shall abide by Federal law and not oregon state law. We told the prop management company we want the tenant out for this and many other reasons-- but they said the tenant would have 30 days to cure the infractions-- The tenant was late paying in December (paid late + $75 late fee), Late paying in January and didn't pay the full amount. Not sure what Feb holds. The tenant is on a lease that expires 5/31/18.
A: Everything depends upon the exact details. If the tenants are currently late on rent, a 72 hr notice is appropriate. If past rent has been late but now paid, a 72 hr notice is no longer appropriate though a 30 day for cause might be. The other, non-rent related violations are subject to either a 24 hr notice or a 30 day for cause, again depending upon the details. If you really want to know, review everything in detail with a local landlord-tenant attorney. Good luck.
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.
