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GeorgetownLawyr
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I understand that a 24 hour eviction notice can be served.

Resolved Question:

I understand that a 24 hour eviction notice can be served. It's called a different type of notice. The reasons for serving this one are valid. Domestic violence and theft of my property as well as stalking. What would be the best way to get these people gone?
Submitted: 1 year ago.
Category: Estate Law
Expert:  GeorgetownLawyr replied 1 year ago.

Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience.

 

When you say best way, do you mean going through the process you were pursuing or the 24 hour notice you are now referring too? Please clarify the question for me, thanks.

Customer: replied 1 year ago.

I guess that was ambiguous. I mean the fastest way. I am paying $50 per day to the new Owner until they're gone.

Expert:  GeorgetownLawyr replied 1 year ago.
Ok, I understand. Let me ask why are you having to pay the owner until they are gone??
Customer: replied 1 year ago.

I'm carrying the contract. The terms stated that I would pay rent when escrow closed. I'm staying in the same house I sold but I don't have to pay rent on this house because I am keeping it maintained. The terms of the contract don't specifically state that I must stay until the renters are out but I orally agreed to staying until I can get them out.

Expert:  GeorgetownLawyr replied 1 year ago.

Ok, thanks. You need to add the $50 per day that you are having to pay the owner to the amount you are trying to collect from the renters as well. Unfortunately, there is no "fast" way to get them out. You have to evict them and in Oregon all evictions must go through the court. In addition, you would have to file a separate case in small claims court to get the additional money you should try to seek from them for the daily amount you are paying.

 

Here is a link laying out the process, I want to be sure you understand the steps involved:

http://courts.oregon.gov/Washington/Services/Civil/eviction.page

 

So botXXXXX XXXXXne is you have to go through court to get them out. It's a shame you trusted these people and was trying to help them and they are taking advantage like this but know that in the end you will get them out, they are only buying time and will have to face the day soon that they will have to leave or the Sheriff will remove them. I hope this helps clarify.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!

Customer: replied 1 year ago.

Yes I understand that all evictions must go through the court. Do you have access to my prior questions and answers? Briefly, I've been through the process until the 2nd appearance. I unfortunately went to the same courtroom as the first appearance but the rooms were changed which made me about 15 minutes late. As I was first on the docket and not present the judge dismissed the case. I've received very good answers to the ways I can proceed and have decided to do both suggestions. (if you don't have access to the information let me know and I'll clarify. The final question regarding the 24 hour notice as opposed to a 72 hour notice is if that is a viable option at this time.

Expert:  GeorgetownLawyr replied 1 year ago.

Ok, thanks. Yes, given that you stated they damaged property and are stalking you, the 24 hour notice is an option. Here is what Oregon law says: In a month-to-month rental agreement, the landlord can also issue a 24-hour written notice to end the tenancy under very limited circumstances. The law specifies the reasons. You may give a 24-hour eviction notice if they have intentionally injured someone other than a member of their household, intentionally damaged the property, or committed an act that is "outrageous in the extreme." An outrageous-in-the-extreme act is not specifically defined by law, but does include prostitution or promotion of prostitution, violence, manufacture or delivery of drugs, intimidation and burglary.

 

I hope this helps clarify. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!

 

Customer: replied 1 year ago.

OK so how does the 24 hour eviction noice get served? Can I do it with a witness? And then what happens? Follow the same procedure as with the 72 hour notice? I'm confused about the process.

Expert:  GeorgetownLawyr replied 1 year ago.
It is served in writing, just the way you served them in the 72 hour notice process and the procedure is the same, the only difference is because they have destroyed property and been engaging in intimidating behavior you can use 24 hour notice instead of 72 hours...everything else is the same. I hope this helps clarify. Thanks Kathy and kind regards.
Customer: replied 1 year ago.

Just a short note to check if I have the facts right. I can deliver the notice myself tonight. Then bring the FED forms to the court, get assigned a first appearance date and go from there. If they still don't go then a Notice of Restitution follows and possibly a Writ of Execution Judgment before they can be forcibly removed by the sheriff. Ai yi yi, what an ordeal. I'm done with being a landlord, lol.


 


Lastly, can you tell me where I can obtain the 24 hour notice form?


 

Expert:  GeorgetownLawyr replied 1 year ago.

Correct, except the court doesn't do restitution unless you and they agree to an amount at the first appearance as you did before. Absent that you would have to file a separate case in small claims court for the rent. The same form you used to give 72 hour notice you can use but just change 72 to 24, typically it is not a form per se, it's just that in the notice you give them 24 hours and that is the important part. Check with the clerk of court as they may have a "form" you can use. Also, 24 hours starts from the time you give them the notice, so you couldn't give them the notice tonight and then go to the court in the morning as that would not be 24 hours. I hope this helps clarify. Thanks and good luck.

GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience: Experience in Probate matters, including will contests and civil litgation related to estates.
GeorgetownLawyr and 4 other Estate Law Specialists are ready to help you
Expert:  GeorgetownLawyr replied 1 year ago.
Hi Kathy,

I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Lisa

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