Q: Hello, We recently (March 24th, 2020) purchased a duplex in Salem, Or and immediately encountered a problem long term
tennant. on April 7th we posted 72 hour notice of eviction due to lack of rent payment with subsequent eviction filing several days later knowing the case won't be heard until June at least. since rent was due on / before the 1st of April we didn't realize Oreong law required 8 days before a 72 hour notice but the existing contract only required 4 days. We have since filed an eviction notice and the tennant has got a lawyer already and is counter suing for the 1 day difference among other items. Is there some remedy we can look to, to get rid of this problem tennant and overcome this counter suit? Thank you.
A: First, understand that you have arguably committed a criminal misdemeanor by violating the Governor's moratorium on residential evictions. Secondly, ANY error in the contents or service of a 72 hr notice will likely render it defective, void, and unenforceable. If you try, and the tenant or their attorney object, your case will likely be tossed out with your owing the tenant's court costs and attorneys fees, the tenant remaining in possession, and your having to start over from scratch. Further, under the relatively new laws, you cannot terminate a tenancy that has been active for a year or more without cause unless you are doing so for a permissible reason - and they are quite limited. You say you are being counter-sued but don't say for what, so no one can tell you if you can overcome it. Lastly, landlord-tenant law is highly technical and ever increasingly more complicated. As a landlord, you are likely to be liable for any number of potential, if unintentional, violations that can have rather severe financial consequences for you if you are not fully knowledgeable about your duties and obligations. This is not a do-it-yourself project and you should consider retaining an experienced landlord-tenant attorney to help you through the process. It can save you considerable money in the end. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
