Otis, OR asked in Landlord - Tenant for Oregon

Q: Do i have to get a court ordered eviction if a renter has abandoned rental? Can i just take the place back???

Renter left house 1/26, left state 1/31 w/no notification. Late rent notice to be posted and mailed on 2/10 w/72 hours given to comply. Can i just take my rental back on 2/14 without going to the county to file for an eviction? Renter texted me on 2/4 that she will not return to the state till 2 months from now. Help!

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1 Lawyer Answer
Katherine Goodman
Katherine Goodman
Answered
  • Landlord Tenant Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: IF the rental agreement requires your tenant to give actual notice to the landlord of an anticipated extended absence in excess of 7 days as permitted by Oregon law, ORS 90.340 and tenant willfully failed to do so you can recover actual damages. If your tenant as actually abandoned the dwelling unit you must make a reasonable effort to rent it for fair rental view. If you rent the unit for a term beginning before the expiration of the original tenant's expiration of the rental agreement, the rental agreement is terminated on the date of the new tenancy of the new tenant. Additionally, if you fail to make reasonable efforts to rent the unit at a fair rate or if you accept the abandonment as a surrender, the rental agreement with the original tenant is terminated by you on the date you knew or should have known about the abandonment. Which can limit the amount of damages you can receive

IF the tenant did leave any personal property/ belongings in the unit you are required by Oregon Law you are responsible for any of it that has been left. You should review ORS 90.425 to make sure that you are following the law in regard to any property that the tenant left. Thus, prior to storing, selling or disposing of tenant's personal property you must give a written notice to the tenant that must be personally delivered to the tenant or sent by first class mail addressed and mailed to tenant at: 1) the premises, 2) Any PO box held by the tenant and that you actually know about; AND 3) most recent forwarding address if provided by tenant or actually known to landlord. Please note that law was recently changed.

IF you are unsure about notice and dealing with the property, sending accounting paperwork, and making sure the property as been abandoned or surrender I would recommend talking with a local landlord and tenant attorney.

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