Q: Is a 90 day no cause eviction the best way to just get someone to vacate a property?
It's 2 family members that have way overstayed their welcome. My dad is 89 and they are taking advantage of his age. We just want them out. They don't pay anything, but because they have been there over a year, they have established residency. So we want no complications, just a no cause.
A: Yes, just be very careful to follow the law as to notice requirements, and if they do not leave, I strongly suggest at least consulting with a landlord-tenant attorney if you have to file with the court.
A: A lot more information is necessary here to be able to properly advise you. First, if you are in the City of Portland limits, if you issue a no-cause termination notice, you may owe "relocation assistance payments" of up to $4500. Even if you meet the exemption requirements, you may still have to obtain and serve the tenant with an exemption letter from the Portland Housing Bureau before you issue the 90 day no cause notice or be subject to substantial penalties. BUT your posting indicates that perhaps they are not tenants at all - have they paid rent? Have they ever agreed to pay rent? Or are they truly just guests that have overstayed their welcome? IF they are not tenants but rather guests refusing to leave, then no, you are not subject to paying relocation assistance but neither do you need to issue a 90 day notice since eviction is NOT the appropriate remedy in that situation (and you can lose and owe their attorneys fees and court costs if you try) - ejectment is your remedy, not eviction. Same end goal - get them out, ultimately by the Sheriff if necessary, but very different legal processes to get there, with different requirements and in a different division of the court. All in all, you may want to simply review everything with a local landlord-tenant attorney to learn your exact rights and obligations in your particular situation. Besides, if they ignore whatever notice or request you make, you will likely need to file in court to get rid of them. Filing and pursuing either an eviction or an ejectment is not a do-it-yourself project. Both are highly technical and can be quite expensive if you lose and have to pay the other side. So reviewing everything with an attorney can not only make things go faster and smoother, but can ultimately save you money in the end. Good luck.
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