La Grande, OR asked in Landlord - Tenant for Oregon

Q: Tenant gave written notice to move by end of last month. They are still there. What can I do to get them out? In Oregon.

I have a tenant that has not paid rent reliably. I have had to give a 72hr notice before then they paid rent. When I was serving them with the second notice on the 8th the following month they said "Oh I said I was giving my 30 day notice and want you to use my last month rent that is held in reserve to pay" I said I have a form for that and gave them a written from to fill out saying they are terminating the lease and when they would be out by and signatures at bottom. They signed it and said they would be out end of last month. I did not serve them with the 72hr notice because they gave me the 30 notice they where moving and terminate agreement. They didn't move anything. They just say they are working on it as fast as they can... I offered in a nice manner to help them with my truck and labor moving. I also offered to pay to get them into a storage unit and let them pay me back latter. They have not moved or responded to me. I have no eviction notice, just paper say they will move.

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

A: IF you have a written notice, signed by the tenant, promising to move out by November 30 and they have not, you simply file an eviction lawsuit in your local court. DO NOT accept rent for beyond November 30th or you likely will lose your right to evict under that notice. Do note that landlord-tenant law is quite technical and any mistake, in either law or procedure, can easily result in your case being tossed out and your owing the tenant their court costs and attorney's fees, as well as leaving them in possession. So you can actually potentially save money by hiring a local landlord-tenant attorney to handle the case for you. Good luck.

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