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Need to evict a commercial lease tenant in Oregon for non payment that was due 25 days ago.

Portland, OR |

From lease : 15 . LESSOR'S REMEDIES ON DEFAULT . If Lessee default in the payment of rent , or any additional rent , or defaults in the performance of any of the other covenants or conditions hereof , Lessor may give Lessee notice of such default and if Lessee does not cure any such default , and if Lessee does not cure such default within fourteen ( 14 ) days after the giving of such notice ( or if such other DE fault is of such nature that it canto be completely cured within such period , if Lessee does not commence such curing within such fourteen ( 14 ) days and thereafter proceed with reasonable diligence and in good faith to cure such default ) , then Lessor may terminate this lease on not less than thirty ( 30 ) noticeboard to Lessee . On the date specified in such notice the term of this lease shall

terminate, and Lessee shall then quit a surrender the premises to Lessor, without extinguishing Lessee's liability. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. Question is Can i still give a 72 hour notice because lease is expired and proceed with FED after the expiration of the 3 days, or do I still have to give 14 days as stated in the lease?

Attorney Answers 5

Posted

Since there's no question, there's not really any advice to give. If you want to evict someone in Oregon, you need to file for eviction your county court. You would need to give proper notices and to prevail and you'd want to make sure that your tenant doesn't have any defenses. It usually makes sense to hire a lawyer with experience in real estate and commercial leases to help with the process. Avvo is better suited for quick answers to general but limited legal questions, not the place where you're likely to get open ended do-it-yourself help. If you're looking for a referral, you can choose from plenty of real estate attorneys who advertise and answer questions on Avvo or you can contact the Oregon State Bar Lawyer Referral Service.

Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your 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

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4 lawyers agree

Posted

If it is a commercial lease, you just need to follow the notice requirements of the lease agreement. If they fail to pay rent within the time required in your notice, you can file an FED in the court in your jurisdiction.

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3 lawyers agree

Posted

You are obligated to comply with the terms of your lease, and this excerpt does not make them clear. You should hire a real estate attorney to review the lease and advise you on this matter.

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1 lawyer agrees

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Call attorney James Ball. He is a very caring and knowledgeable attorney.

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Posted

1. Forget the 72 hour notice question; you said this is a commercial lease.

2. As stated, you need to comply with the notice provisions, which don't seem very landlord friendly. If I am reading it correctly you first must give 14 days notice of the default. Then, if it is not cured, you must give another 30 days notice in order to terminate the lease. Then you can bring commercial FED proceedings and also can sue for damages for the breach (lost rent, damage to the premises, etc.). Once you get possession, you need to try to mitigate your damages by finding another tenant.

This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.

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