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Ask Lori Your Own Question
Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 3605
Experience:  Real Estate attorney with over 25 years experience
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Our tenant has violated the lease in multiple ways (smoking,

Customer Question

Our tenant has violated the lease in multiple ways (smoking, removing smoke detectors, not maintaining the property, damage to the unit etc.) Her lease expires August 31, 2017. We do not want to re-new the lease. 1) How much notice should we give her? 2) What if she refuses to leave?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oregon
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: We have reason to believe she will claim she is has health problems and use that as an excuse to not leave.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, we visited the unit (its a duplex) last week for the first time in 2 years. Squalor - rotted food on plates and pans throughout the house/kitchen, garbage stacked up, door knob removed from one door, dog urine on floor, has a cat that we had not been aware of. We had given 24 hr. notice we were coming by and she opened the door for us. It looks like eviction proceedings would take as long as letting the clock run out on the lease. Can we have a contractor enter to give us estimates on damaage? Can we (should we ) send a written notice of what we saw and what must be done? It was new construction when she moved in 3 years ago. Appears to be alcoholic, many empty half gallons of Voldka lying about.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Lori replied 5 months ago.

Hello. Let me see if I can assist. Because of the damage to the unit and the unauthorized pet, you do not need to wait until the end of the lease. You are entitled to serve a 24 hour notice to vacate. Here's the form:

https://www.moco-inc.com/resources/229/OR%20-%2024%20Hour%20Termination%20Notice%20-%20Unauthorized%20Occupant%20R08.pdf

I recommend that you add the unauthorized pet, unauthorized smoking and the severe damage and unsanitary condition of the unit to the Notice. If the tenant fails to leave, you have the right to start the eviction action after the expiration of the 24 hour period.

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Expert:  Lori replied 5 months ago.

If you want to give the tenant more time, you can use just the violation of the unauthorized pet as a basis for terminating the lease. That requires a 10-day Notice. Here's the form: https://www.rentegration.com/form/preview-pdf/or-rtg-38