Did you like how we did? Rate your experience!



46 votes

In Oregon, what is the eviction process for someone who is renting a?

You don't need a written lease to rent to someone. That they have been paying rent establishes an agreement. For the moment, I am going to say that this tenant is paying rent once a month, which would mean you are renting to this tenant on a month to month basis. Depending upon which state you live in and the length of the tenancy, this tenant is eligible for either a 30 day or a 60 day notice to vacate. Since there is no written lease, it is not clear if this tenant has violated anything that would be in a standard lease. No written lease means no lease clause violations that the tenant has been informed of. If the tenant had been informed of lease clauses, and at least one of them was broken and not cured, then you could issue a three day notice to cure the violation or quit the tenancy. This notice would be posted on the door of the rental unit. Determine the length of your notice according to your state's laws. If the tenant has not vacated the property by the last day of the notice, you will then go down to the court house the next day and file paperwork for the eviction. A date will be scheduled for your hearing in which you present your case. You posted the notice to vacate. (No reason for the vacate notice is necessary. Had the tenant violated specific clauses had the been a written lease, and was being asked to leave because of these violations, you would have to present proof of those violations, not so with the long notices to vacate. The notice to vacate is not an eviction. It's basically the landlord asking the tenant nicely to move out, but if he didn't vacate, you go to court to get a judge to order the tenant to vacate. An eviction has to be ordered by a judge. Do not attempt to remove the tenant's belongings, or interfere with any utilities or amenities regularly provided during the tenancy. This would be known as a self help eviction, which are illegal af. Landlords almost always win eviction decisions. The judgd will then set a date for a sheriff and a locksmith to arrive at the rental location. If the tenant has changed the lock, the locksmith will open the door. The sheriff may grant the tenant a short window to collect a few items, and will then escort the tenant off the property, forcibly if necessary. The locksmith will then change the locks and secure the windows. In some states, a moving company will haul all the tenant's stuff to a storage facility. In other states, the landlord will put all the tenant's stuff on the sidewalk or front yard and stick a FREE sign on it. Your next move should be to contact the nearest landlord advocacy agency, or a lawyer who specializes in tenant-landlord law for more information and guidance. The next move after that is to make sure all your tenants have signed leases, either year long, or month to month, but just make sure you have one with each of your tenants. If you haven't already, collect security deposits from all. Give them two or three months to come up with it if necessary, but just get them. You will be saving yourself from a potential world of hurt. You may not have had any reason to collect them so far, but somewhere down the line, trust me on this, you will be happy you collected them. You will get that asshole tenant someday who either stops paying rent or trashes the house or something in the house. I am not a lawyer or a RE professional and this answer is not professional advice.

Loading, please wait...