Vancouver, WA asked in Real Estate Law and Landlord - Tenant for Oregon

Q: Are unpaid late fees cause for eviction?

I have a tenant that has been late with his rent on multiple occasions over his entire tenancy, and has never paid the entire amount of his last month's rent.

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I am not clear if your rental is in Oregon or Washington. IF in Oregon, you have options. First, you should never accept less than the full amount of rent owed or you risk waiving your right to terminate their tenancy that month for failing to pay all the rent due. As to chronic late paying, you can issue a 30 day for cause termination of tenancy notice telling them that if they pay rent late again, you either are, or can, terminate their tenancy. Failure to pay a contractually agreed upon last month's rent in full is also grounds for termination pursuant to a 30 day for cause notice which would give them 14 days to pay what's owed or 30 days to get out. If they do neither, then you can file to evict them in court. All in all, you may want to review everything with a landlord-tenant attorney in the area of your rental before proceeding further. The rules are quite specific and technical, and 100% landlord compliance with both the laws and the procedures is required or the tenant may be able to have an eviction lawsuit tossed out, with the landlord owing their court costs and attorney's fees and having to start over. Good luck. IF your rental is in Washington, you need to re-post in the Washington section and get a response from a lawyer practicing landlord-tenant law in Washington.

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