Can I petition the courts ahead of the eviction date and make it effective 7/4/2014 because I think they will not be out on time or can I only petition the court on 7/5/2014? I have a new tenant that needs to move in by 07/10/2014. The tenant that I am evicting is violent and threatening and is an alcoholic. We have called the police once but they could not arrest him because I had no proof.The neighbors want him out and he has threatened another tenant which we have a recording of. He has also threatened the neighbors. He also told me and a friend that he knows how to fire bomb a house and he has done home invasions in the past [when he was younger] which I reported to the police. I am scared of this guy.
Landlord / Tenant Lawyer
I'm guessing that the 7/14 date in the first line is a typo? Regardless, no, you cannot file to evict until after he fails to vacate by the date in the notice. Hence you may be able to re-rent to the new tenant on the 10th and maybe not. Do understand that until the current tenant is actually out, either on his own or pursuant to a court order, he has all the rights of any tenant and any attempt by you encourage him to move by reducing services, or changing locks, etc. is not only unlawful but also can cost you substantial monetary damages and/or penalties.
Unless you are very familiar with Oregon's landlord-tenant laws, you may well want to consult a local landlord-tenant attorney. Oregon is a very tenant-friendly state meaning in part that ANY slight error in either law or court procedure in properly applying the law by a landlord can not only get your eviction case tossed out of court, you can most likely end up owing the tenant's court costs and attorneys fees, while he continues to live there and you have to start over, probably with a new notice and 30 or 60 day wait for it to expire. Thus you may wish to consult with a local landlord-tenant attorney before starting down an eviction path. Not only does this maximize your chances of getting everything right on the first try, but it also may save you substantial costs in the long run. There are several of us here in the Portland area who do this routinely so give one of us a call or send an email to make an appointment. While you can't file in court until after the notice expires, you can - and should - review things with an attorney immediately. This will allow you to determine if your Notice is fully compliant with all legal requirements and if not, to get a new notice that is served now and get the clock started to run rather than waiting until July. Good luck.
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Landlord / Tenant Lawyer
Mr. Abbott has hit all the major points in your question. And as followed up in the comments section, you may be able to evict based on outrageous conduct so long as you have solid proof of it. Concerning a termination without cause, the effectiveness of a notice to terminate depends on numerous variables, including how it was served, number of days from when it was served and when the termination notice states that termination occurs, whether rent has been accepted for the period in which notice states that termination occurs, how long the tenant has lived in the unit, and the terms of the lease. With all these fact dependent variables and the need to ensure that the tenant is out as quickly as possible, it is advisable to go over the notice to terminate with an attorney familiar with all the landlord traps in landlord/tenant cases.
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