Grants Pass, OR asked in Landlord - Tenant for Oregon

Q: what are the landlords responsibilities regarding an unauthorized occupants belongings once they have been removed

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James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Oregon, when a landlord removes an unauthorized occupant from a rental property, the handling of the occupant's belongings is governed by Oregon Revised Statutes (ORS) 90.425. Here are the key points:

1. Storage: The landlord must store any personal property left behind by the unauthorized occupant in a safe place for at least 30 days.

2. Notice: The landlord must promptly notify the unauthorized occupant in writing that their belongings have been stored and provide instructions on how to claim them.

3. Claiming property: The unauthorized occupant has 30 days from the date of the notice to claim their belongings. They may be required to pay reasonable storage costs before the landlord releases the property.

4. Unclaimed property: If the unauthorized occupant does not claim their belongings within 30 days, the landlord may dispose of the property. However, if the fair market value of the property is more than $500, the landlord must sell the property in a commercially reasonable manner and give the proceeds (minus storage and sale costs) to the county treasurer.

5. Liability: If the landlord follows the proper procedures, they are not liable for any loss or damage to the unauthorized occupant's personal property.

It is essential for landlords to follow the statutory process and maintain proper documentation to avoid potential legal issues. If the situation is complex or unclear, landlords should consult with a local attorney specializing in landlord-tenant law.

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