Q: Do I owe back rent if a tenant moves out before their 30 no cause eviction?
I rent out 4 bedrooms individually month to month leases & I don't live on the property. A tenant text with a 30 day notice which would end on 1/5. She was violating her lease by having continuous guests & I got the feeling she wasn't going to move so I served her a 30 day eviction which would end on Jan 11th. She vacated early 2 days ago without giving notice & left the room very dirty and trash everywhere. When I text her regarding the abandoned unit and if she was planning to bring keys she replied with she was still going to clean and she was paid till the end of the month and that if she gives me keys early then I owe her the remaining rent. I know I have to give her a chance to get her deposit back but she is a problem person and I really don't want her back on the property and I feel she will wait till the very last day of the month to clean and hand over keys. How do I go about this without letting her back? here's minor repairs I would like start working on to b ready to rent.
A: So much depends upon the exact details, wording of notices, etc. What IS clear is that neither text messages nor email are a legal form of providing Notice to either a landlord or a tenant. It sounds likely that she may owe rent through Jan 11. I am unclear whether she has abandoned her tenancy, allowing you immediate access and requiring you to go through the abandoned property ritual specified in ORS 90.425, or is she is still in possession, requiring you to use 24 hour notices before entering, etc. You may wish to simply review it all in detail with a local landlord-tenant attorney before proceeding, given the potential liability you could face if you "guess" wrong about her having abandoned her tenancy. Good luck.
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