I need to evict a relative. Is there any special wording needed on the 30-day notice of termination of tenancy without cause?
The form says "resident (and all others)" but I'm a resident too. How should the notice be served? Do I need proof of service? Also can having paid one bill give any special rights? There was never any agreement to rent and now I might lose my home and all my equity if I can't rent or sell and party won't leave after months on the couch. Can the party's drug use be used to evict sooner? Any other notices needed after that? Thanks for help.
It would be a very good idea to consult with a landlord-tenant attorney. You might be able to make the distinction between the relative being a "guest" (who does not need to get notice) and a tenant. The safest and most surefire way to go about this is to give the 30-day notice and have it personally served by a neutral 3rd party, ideally a sheriffs deputy or process server and not a friend or relative.
If they have been living there for a year or more, then you need to give 60-days,notice instead of 30.
If you mail the notice, then you have to add an additional 3 days (raising it to 33 or 63, respectively).
You have the right idea using a notice with no stated cause. If you put a cause, then this is something they can argue against later on or potentially "cure," thus invalidating the notice. Make it very clear that this is a notice of termination "Without Stated Cause"!
There are ways of shortening the notice period. If a tenant fails to pay rent as agreed, a landlord can give them 72-hours notice. However, this is not the route for you because it admits a tenancy, gives them the option to pay the rent, and requires a rental agreement or at least past payments of rent.
Also, there's 24-hour notice, but this is just for very extreme situations where safety or property damage is an obvious concern. Just knowing they have drugs is probably not enough. However, if they were arrested for a drug-related crime, this MIGHT be an option. You can learn more about ORS 90.396, which is the statute dealing with 24-hour notice, here: http://www.oregonlaws.org/ors/90.396. However, I wouldn't advise someone to go this route on the facts you posted alone.
The smartest thing you can do is consult with a landlord-tenant attorney before you serve the notice, especially if you've never served a tenant with notice before. Landlords often get caught up by the smallest, most innocent of errors and this can delay the ultimate eviction and even end up with the landlord being ordered to pay the tenant's attorney fees and costs.
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order... more
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
Depending on the drug usage, and your ability to prove it, you may be able to provide a 24 hour notice. You should talk to an attorney before attempting.
Is this person a renter or a squatter? If there is no agreement for them to live here in exchange for rent, there may be faster provisions which can be used, but again you should talk to an attorney.
As for the 30 day notice, "all others" is usually just a term that designates squatters, children, or anyone else who might be living at a property but not on a lease. If you think it doesn't apply, cross it off.
You might want to have a witness if you believe that the occupant will contest having received a copy. There are other rules regarding service of written notice, but namely you either need to hand deliver it to the occupant or provide 3 additional days if mailed.
Licensed in Oregon. Advice provided is general information only and is based solely upon the facts provided. It is... more
Licensed in Oregon. Advice provided is general information only and is based solely upon the facts provided. It is not intended as legal advice applicable to any specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further. www.MaugerLaw.com