Q: In OR, we have issued a 30 day no cause termination for tenants. Tenants keep asking why? Legally, can we answer?
The Landlord/Tenant relationship is just taking too much energy. Unbeknownst to us, tenants made a friend a house-key and had her move in over the summer (which we let tenants live in rent-free for that 3 months). Our lease specifically says no one can live in the house without a signed lease. We gave them another chance then they disturbed the neighbors, removed a smoke detector so they could smoke in the house, and paid the very first rent due (October's) extremely late! We tried to give many chances, just can't do it anymore. We're exhausted. Since it's a "no cause" termination does that keep me from verbally, texting or emailing that we are tired of them taking advantage of our kindness and this is the reason they need to go?
A: You are not obliged to provide a reason in a no-cause termination notice. You may, however, if you wish so long as the notice states: 1) the notice is given without stated cause; 2) the recipient of the notice does not have the right to cure the reason for the termination; and 3) the person giving the notice need not prove the reason for the termination in a court action. Removal of the smoke detector likely violates local fire codes and could subject you to a fine - as well as, of course, loss of your house if a fire ever did occur. Many leases provide for you fining the tenants $250 for tampering with the smoke detector. If yours does, consider deducting it from any security deposit refund. These tenants appear to have little to no consideration for you and it is time for them to go. If you have to actually evict them in court, consider consulting a local landlord-tenant attorney. The process is technical and you MUST comply exactly with all the rules and procedures or risk having your eviction suit tossed out, with you owing the tenant their court costs and attorney's fees while they stay in possession, now emboldened and you have to start over from scratch. Generally it is cheaper and faster to get things right the first time, even if it costs you a bit out of pocket. Good 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.
