Beaverton, OR asked in Landlord - Tenant for Oregon

Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th but we were still under covid mandate for evictions. I spoke with an Attorney and I sent an eviction letter to the tenant on 7/23/2020 and sent it via certified mail. The tenant said he never got the letter in the mail. I also sent him an electric copy of the notice via text message and I have the certified mail receipt. The tenant has just recently moved his pregnant girlfriend into the home along with her 3 young children. Tenant has said he has no where to move to and will not leave on 8/28 per eviction letter. Do I just need to follow the Forcible Entry and Detainer steps on the Wash county court website? Just explain to the judge what I stated here? Direct family can be cause for eviction correct?

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

A: Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed regular first class, 55 cent stamp to the recipient. You can mail Certified if you wish in addition to but not in place of mailing regular first class (what would be the point?). Mailing Certified Mail is the same, legally speaking, as not mailing it at all and any/all notices so mailed are invalid and unenforceable. Service by email or text message is also invalid and I seriously question whether "In-Laws" qualify as a permitted reason to terminate a tenancy to begin with. Finally, it does not matter whether the tenant claims they never received your Notice - your legal obligation is to prove that you mailed it to them, not that they received it. If you want to avoid that potential issue in the future, if your written lease agreement provides for it (almost all standard residential lease forms do), post the notice on the main entrance door and mail a copy regular first class mail. Take a picture of it posted on the door, being sure the correct time/date function is set on the camera. A plus is you don't have to add the extra days for compliance for mailing. If you file in court to evict and the tenant opposes it, if ANY error can be shown in your procedure or law, your case will most likely be tossed out with you owing the tenant their court costs and attorney's fees (possibly thousands of dollars - even over $10,000) and the tenant remaining in possession, feeling smug and greatly emboldened while you have to start over again from the beginning. Having your own attorney helps protect against errors and maximizes your chances of winning on the first attempt.

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.