Medford, OR asked in Landlord - Tenant for Oregon

Q: I rent an apt. Out only on a week to week. I have someone that refuses to leave after being asked to by owner and mgr.

Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be made he still refuses to leave how can I get rid of them

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

A: Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold treatment is not likely to justify removing a tenant and even if it does, it would likely only trigger the landlord's duty to put the tenant up in comparable substitute housing until fixed, and then move tenant back in. During Covid, a landlord can only get rid of a tenant for very limited, specific reasons and nothing you have posted appears to qualify. If you really want to know your options, review it all with a local landlord-tenant attorney. It may save you thousands of dollars. You may also wish to consider voting the politicians who created these highly unfair rules and laws out of office whenever you can.

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