A month to month renter. Called Feb 6th to say they could not afford the rent. (originally they paid 1, last and deposit. I said okay and accepted the notice as they would be out the 29th of feb.
When the 29th came to... they asked to pay daily rate until the 5th.... now they have asked to be out the 12th of March. Still in. At this point the daily rate has ate up the deposit.
How do I go about getting them out. Most belongings are moved just RV and things in garage. I have everything in writing and documented every encounter.
Any advice. Not sure if we need a lawyer or just go to courthouse to file papers?
You do not need to hire a lawyer, but it would be in your best interests to do so. You must comply with the technical requirements of the law to the letter in order to avoid (potentially significant) liability in this situation. It sounds as if you have not had experience regaining possession of your property with previous tenants. Hiring a lawyer to represent you and educate you about the process would be a wise investment.
Your lawyer likely will file a 72-hour notice for nonpayment of rent, after reviewing the rental agreement, reading any related documents, and conducting an investigation of the matter. You can do this yourself, but you must review and comply with the Oregon residential landlord tenant laws found in ORS ch. 90. Once you regain lawful possession of the property by way of an FED hearing in court, you can evict the tenants if they do not leave, but again there are laws that apply to this process -- you cannot physically remove them yourself. As for any personal property left behind, the law provides a detailed process for you to remove, store and dispose of it.
DISCLAIMER: I am not your attorney until you 1) sign a fee agreement with me, and 2) pay a retainer pursuant to said agreement. The response given does not create an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might change. Attorney is licensed to practice law only in Oregon (attorney has resigned in good standing from the Arizona bar and may be reinstated upon application).
I agree with Mr. Merrill that hiring a lawyer would be a great investment if you plan to continue renting to tenants. If you do this wrong, your tenant is going to hire an attorney like me, and that attorney is going to sue you for lots of money.
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