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I was renting some of my land to a grower. He was suppose to…

Customer Question
I was renting some...

I was renting some of my land to a grower. He was suppose to clean up the grow area and leave by end of November. He was suppose to only have a motor home on the property. He moved in a camper too, along with his tractor and another truck. He gave me $500 deposit. Him and his family never moved. As of December I lowered the rent to $800 a month. They were saying they couldn't find someplace to move too. FEBRUARY THEY BOUGHT A PLACE BUT DIDN'T PAY ME FOR FEBRUARY SAYING THE $500 deposit was payment and left everything on the property. Their mess is still here. As far as I am concerned I feel they still owe me $800 for FEBRUARY and March

Lawyer's Assistant: What state is this in? And how old is the RV?

Oregon

Lawyer's Assistant: Has anything been filed or reported?

No I don't know what I can do

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/7/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,287
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Can I have his motor home and truck put in impound since he doesn't want to pay me?
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for your patience. The answer to your question is that you can't put it into impound just yet. The reason is because this person was a tenant on your property and if a tenant leaves behind property, there are certain rules that an OR landlord must follow.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

This information comes directly from the OR state bar. They say:

If you are a landlord, your first responsibility is to give the tenant a written notice explaining that his or her belongings are considered abandoned and have been safely stored. This notice also must explain that the tenant must contact you within 5 days after personal delivery of the notice or 8 days after mail delivery of the notice, to arrange for removal of the belongings, or else you may sell them or throw them away. (The time period is 45 days for abandoned recreational vehicles, manufactured dwellings and floating homes.)

The notice must tell the tenant how to contact you, and that you will make the belongings available for removal by appointment at reasonable times. The notice must also explain that, under certain circumstances, there could be a storage charge the tenant must pay. Finally, if you think the fair market value of the tenant’s belongings is worth $1000 or less, or so low that the cost of storage and sale probably exceeds the amount that would be realized from the sale, the notice must say that you will throw or give away any belongings not claimed within the required time period. The value of abandoned recreational vehicles, manufactured dwellings or floating homes must be no more than $8,000 for the landlord to be able to dispose of them without sale. The same kind of notice must go to any lien holder or holder of title on these kinds of property, and to the county tax assessor and tax collector in the county where the abandoned manufactured dwelling or floating home is located.

The landlord must either have the notice personally delivered to the tenant or sent first class mail to the tenant at all three of the following locations: the rental unit, any post office box the landlord knows about, and the most recent forwarding address known to the landlord.

As a landlord, your second responsibility is to store the tenant’s abandoned belongings in a safe place until the tenant removes them or the required time period passes. This place could be the rental unit, a commercial storage unit, or your garage. There are a couple of exceptions to this rule: You may immediately dispose of rotting food, and you may allow an animal control agency or humane society to remove abandoned pets or livestock. Special rules also apply to motor vehicles.

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