I have a verbal lease with the tenant, the property is in Portland, OR, and the tenant has never paid me any rent. The tenant has also refused to let anyone view the inside of the property. The tenant has always been polite on the phone, but has not returned my calls recently! I've planned a trip to inspect my property, and am hoping that we can sign a form to end the lease.
I am not quite clear what your situation is. If the tenant vacates the property, there is no reason to file an eviction suit. A written agreement to vacate by a specific date can likely be used in court as justification to evict if the tenant agrees but then fails to vacate by that date. His agreement, however, is not required - you can issue a notice terminating his tenancy and then, if he fails to leave, proceed to evict. You say that he is a tenant but has never paid rent. You don't say anything about an agreement to pay rent. If he agreed but has not, you need to give him the proper demand/notice and then file to evict if not timely paid. The not allowing inspection is very concerning and needs to be addressed immediately so you at least know how much (if any) damage he has done. If he has damaged things, it may be additional grounds for terminating his tenancy and/or evicting if he fails to leave. Since your rental dwelling is in the City of Portland, you do need to be sure everything you do is in compliance with the city ordinances, even if you are exempt from having to pay relocation assistance. All in all, this is not likely to be a do-it-yourself project unless he actually gets out in a timely manner - and why would he leave if he doesn't have to pay rent? He is likely going to just stall you as long as he possibly can. Consider reviewing everything with a landlord-tenant attorney to learn your rights and how to get rid of him lawfully. Any mistake on your part not only may invalidate any attempt to evict him, you can end up owing him money as well. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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