Q: Can I terminate for cause & evict tenant who caused damage to property? Tenant refuses to move after fixed lease ends
Tenant at Portland house caused $1300 known damage (and more unknown) to house and refused to pay for repair. 2nd 2 yr fixed lease ending 6/30. tenant said they would not move. The house has been on and off market after they can't afford to buy it during their 1st 2 yr lease. I want to sell the house or lease it w rent increase (less than 10%).
A:
You need to use care in how you proceed and presumably need to comply with the Portland city ordinance regarding relocation assistance, notice of tenant's rights to relocation assistance with any rent increase, renewal, etc. Now is likely the time (actually, before now...) to deal with the Portland Housing Bureau regarding relocation assistance, etc. If you intend to raise rent in a new lease term, you need to give at least 90 days prior written notice and notice of the tenant's rights and obligations regarding relocation assistance, even if you don't have to pay that assistance.
As for dealing with the tenant, relocation assistance may be owed if you refuse to renew the lease. However, if you think you can prove tenant's liability for damages and have billed him, issue a 30 day for cause termination of tenancy notice. Either he pays in 14 days or gets out in 30. Or you file to evict without relocation assistance. Do not accept payment for the damages after day 14 if you want him out; do not accept rent for past day 30 if you want him out. But you still need to include the relocation assistance rights and obligations notice with any/all termination notices.
All in all, you may want to review everything with a local landlord-tenant attorney regarding how to best proceed. It could save you substantial sums. Good luck.
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