Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.
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Re: Portland, there are so many different times that are given for eviction -- 30 days for a month-to-month, but 60 days in Portland and then in the end, it needs to really be a 90 day notice for No-cause. A no-cause eviction doesn't have to state the cause but has to state when the tenancy is going to end. The notice has to be done properly and served properly, adding at least three days for mail.
You then have to take her to court if she does not vacate by the end of 93 days, so you are well-advised to see a landlord-tenant attorney about this. The requirements are strict. You must actually post the notice on the tenant's property and mail it by first class mail. Also, Oregon requires notices to be mailed via first class mail. Registered Mail is not sufficient. Personal service or delivery is OK and is the BEST way to serve a notice. MANY evictions are dismissed based on a failure to serve a notice correctly. This is why it's a good idea to have a landlord-tenant attorney do this for you. Yes, you have to bring it into court if she fails to vacate.
You must file the eviction proceeding immediately after the notice period if the tenant is still in possession. This is required to allow the sheriff to remove the tenant. The proceeding is quick, with the "first appearance" scheduled days after the filing. If the tenants do not appear, you are awarded possession immediately and a writ of execution, plus a judgment of costs at that time. If the tenant appears and challenges the eviction, a court date must be set to occur within 10 days.
If any mistakes are made along the way, the process has to be redone. I'd strongly advise getting a landlord-tenant attorney and I can find some in your area if you'd like. Just let me know.
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