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We are currently in the process of evicting our tenants

We are currently in...

We are currently in the process of evicting our tenants through court proceedings. We'd like to take pictures of the interior & exterior of the residence as we believe they will trash the place on purpose if forcefully evicted. We posted a 24 hour notice on the door for an inspection & intend to do this tomorrow prior to our pre trial court hearing. Is this a good or bad idea?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Oregon. Eviction is for non payment of rent

Lawyer's Assistant: Has any paperwork been filed?

Yes. We had our first hearing on Friday. The contested & we have our pre trial hearing tomorrow

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We originally had a lease option contract with our tenants. They sent us a letter of no intent to purchase & signed a new month to month rental agreement. They are using the lease option purchase contract as the reason why they should not have to move out. I spoke with the husband yesterday & he requested that we let them live in the house for 6 months rent free in lieu of the $10,000 NON_REFUNDABLE option payment

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Answered in 2 minutes by:
1/7/2018
DrakeLAW
DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Customer reply replied 4 months ago
Thank you!

Yes, that is a terrific idea to enter for an inspection and take photographs and I agree with your concerns.

Any other questions or thoughts about this?

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Customer reply replied 4 months ago
I'm concerned that the purchase option will be frowned upon by the court?
Customer reply replied 4 months ago
It expired 8/31/2015 & they signed a new month to month agreement, with no option to purchase in 11/2015

Don't be, the purchase option is completely irrelevant. You simply need to show the new document waiving the purchase option and the month-to-month lease. It will be pretty straightforward. They may try to muddy the waters but you need to be able to just provide the evidence supporting your position and you will prevail.

None of those things mentioned is a legal defense to them for non-payment of rent.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

DrakeLAW
DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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DrakeLAW and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Glad to hear. One more thing- They did write in their letter that they're unable to purchase the property at the time by the date outlined in the agreement....their intent is to purchase the property by 9/1/18. Our original agreement did not allow for an extension, nor did we authorize one. Does their intenet statement have any bearing?

No way. The Court will look at the agreements and abide by them.

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They may try to say you orally agreed to it so be prepared to testify that you did not and to also refer to the agreement as being the entire agreement of the parties that can be modified only in writing and no oral evidence is allowed. (Assuming your agreement has a modification in writing only clause).

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Customer reply replied 4 months ago
Ok. It does say that any modification must be agreed upon in writing by both parties
Customer reply replied 4 months ago
it does have an entire agreement modification clause, stating everything must be in writing & signed by both parties
Customer reply replied 4 months ago
Thank you for your help! Took alot of stress off of us!

I assumed it did, good finding it. You are very welcome, happy to hear.

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Customer reply replied 4 months ago
Hi Rich- if your still here? I have another issue with these same tenants- We also served them a 60 day notice of termination without cause on 11/8 & their termination date is 01/14. Can I add this into the existing case should we go to trial on or after 01/15? Or, should I file a completely new suit on 01/15 if for some reason we don't prevail in the existing suit? They have no intention of leaving anytime soon. The extra money is not an issue...getting them out is priority!

You should do everything in one suit. You could be barred in a second suit from bringing that time period because it all "arises from the same occurrence."

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Customer reply replied 4 months ago
I'm a bit confused? 2 separate issues, 2 separate notices. The current suit is for a 72 hour notice to pay their December rent or vacate. They did not pay, in turn we filed the FED eviction suit.We served the 60 day termination without cause notice on 11/08, prior to the 72 hour notice, which was served on 12/22. If their termination date is 01/14 & somehow they prevail in the 1st suit, before the 01/15, how can I include it in the current pay or vacate?
Customer reply replied 4 months ago
Hope I'm making sense???

Well, the issue isn't the notice. The issue is their tenancy and the lease.

But I see what you are saying. Ok yes, that would be a separate and second suit. But what you could do is just amend the complaint to include both. I don't see how you are going to lose on the FED for non-payment though.

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