Q: I am in douglas county Oregon. I gave my tenants a 90 day notice and extended it our almost another 2 months.
Stopped paying rent and owe 3 months back rent plus late fees. They left behind a dog, a car, 2 cats and a bunch of stuff. I gave them notice about items being abandoned 2 weeks ago. When can I take back my house? I want to sell the car and other junk to help pay for storage fees, back rent and damages incurred. Can I change the locks as well now.
A: Unfortunately, no one can definitively answer your question without reviewing all the facts and details in person; seeing you 90 day notice etc. BUT if they truly abandoned their tenancy; AND you have fully complied with the abandoned property notice requirements specified in ORS 90.425; then you likely are free to either publically sell or otherwise dispose of the property. As to taking possession of the dwelling back, changing locks, etc. that you were allowed to do the moment they actually abandoned their tenancy even if they left property behind. The real question is likely to be 1) have they truly legally abandoned their tenancy? and 2) if they have, do your actions and notice technically fully comply with ORS 90.425's requirements as the penalties for not doing so are quite stiff. It may be worth your effort to review those two questions with a local landlord-tenant attorney before proceeding. Good luck.
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