After you give a renter 72 hour notice for non-payment of rent and they move out but don't return the key, do you file eviction?

Asked over 3 years ago - Portland, OR

We gave our renter 72 hour notice for non-payment of rent. He informed us he moved out but has not returned the keys. 1) how long do I have to wait to enter the property 2) can I change the locks? 3) should I still file eviction with the State of Oregon as he still has legal possession while still having the keys?

They still have 7 months left in the year lease.

Attorney answers (1)

  1. George Winslow Mead

    Contributor Level 11

    Answered . The eviction was successful. Post a twenty four hour notice today, to enter. Enter the premises tomorrow, and make sure he is out. Change the locks.

    The suit for breach of the lease is different than an eviction which is only to get them out. If you sue on the lease you will need to show you have exercised good faith efforts to re let the premises, so keep track of that. You need to decide if the amount owed is worth paying an attorney or whether you can sue in small claims for the amount.

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