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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35297
Experience:  Attorney over 16 years, landlord 26 years
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I need to evict my two tenants. I have the paperwork from

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I need to evict my two tenants. I have the paperwork from the courthouse but, I do not know the exact process. The tenants live in my manufactured home with myself, my husband, and my daughter.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oregon and I am in Marion County
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There was no written lease. One of the tenants is my son, the other is his fiance. The verbal agreement was for them to pay $250 per month. Rent does not include food and is due by the 9nth of the month per our verbal areement last month. They have been in my home for more than one year.
JA: Anything else you want the lawyer to know before I connect you?
Customer: As of today, they are late on the rent. Because of my fiance's disregard for the rules of the home, my house is now a hostile environment. So much so, my daughters anxieties are high.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Have you given them any written notice to pay or vacate?

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thanks

Barrsiter

Customer: replied 2 months ago.
Not at this time, I am working on the notice though.

Ok, do you just want the rent paid or do you want to force them to vacate?

Customer: replied 2 months ago.
Because of the now hostile environment, I really need them to vacate my home.

Ok if you want the rent paid, then you can give them a "72 hour pay or quit" notice after the rent is 8 days late. So that means you can give them a notice on the 18th, giving them 72 hours to pay or move out.

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If they don't pay or move, then you can file a formal eviction action in the court to get a judgment and writ that the sheriff will execute to force them to move out.

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However, you can give them a 60 day notice to vacate today since they have lived there over a year and then if they didn't move out within that 60 days, pursue an eviction through the courts..

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In Oregon the court proceeding is quite speedy; its main purpose is to determine whether the tenant has the legal right to keep living in the rental when the landlord wants tenant to move.

To file an eviction case, landlord must complete a complaint form, which is available from the court clerk. Landlord must give the clerk a copy of the eviction notice and pay a filing fee.

After the court clerk receives the complaint and the filing fee or deferral, he or she schedules the case for a preliminary hearing called a first appearance. The first appearance is held seven days after the tenant is sent a copy of the summons and complaint. The summons tells the tenant when the first appearance is.

The purpose of the first appearance is to determine whether the tenant has a legal right to remain in the rental. If tenant does not show up, landlord should get an order giving him or her possession of the property. If landlord does not show up, the case should be dismissed.

If the tenant loses the case and does not move by the date named by the judge, landlord can get an order directing the sheriff to enforce the court's judgment. The sheriff will post a notice at the rental unit telling the tenant to move within four days. If the tenant does not do so, the sheriff will return and remove the tenant from the premises.

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thanks

Barrister

Customer: replied 2 months ago.
Ok, If I read the statute correctly, I do not have to have a reason to evict the tenants. Did I read that correctly?
Customer: replied 2 months ago.
Also, it is on the documentation from the court I picked up yesterday.

Ok, If I read the statute correctly, I do not have to have a reason to evict the tenants. Did I read that correctly?

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Correct. You can terminate a month to month tenancy for any or no reason at all..

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thanks

Barrister

Customer: replied 2 months ago.
Thank you. That's is exactly what I needed.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have addressed all your questions, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Customer: replied 2 months ago.
Thank you, ***** ***** good day.

You are very welcome.

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All the best to you and yours.

Barrister

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