Owner occupied duplex tenant may not move out after 90 day notice. Advice?

Question

I’ve had a tenant who has been a headache over the past 1.5 years since the beginning of their lease. I have a feeling they are planning on staying regardless of the legal 90 day notice to move out. What should I do to be ready by the 1st if this happens?

Melissa Hartvigsen · Answer

Hello @Dustin Le,

I own an manage my own properties in Oregon. I recommend the following:

1. Confirm that the vacate notice you served is correct. If you have even one tiny mistake, you could lose at the hearing and have to start over. (In the Portland Metro area tenant attorneys show up to role call before the first appearance for the eviction hearing and offer to represent tenants.). If your notice is correct, proceed to step 2. If not, you may want to consult with a landlord tenant attorney before moving forward.

2. At least 24 hours prior to the end of the expected date for possession, serve a notice to enter. Go to your property and confirm if your tenant is there. There is a chance the tenant will have actually moved out and an eviction would not be necessary. If the tenant is still there go to step 3.

3. File a Forcible Entry Detainer (the FED is the first step in the eviction).

If you are not comfortable navigating the court filings and serving court documents to the tenant, we have local eviction service companies that can handle it for a small fee.

Please send me a private message if you need recommendations for landlord tenant attorneys or eviction service companies.

Good luck!

Melissa

JD Martin · Answer

Simple. File for eviction at the first opportunity in your state.

Irving Casas · Answer

@Dustin Le

Home (multifamilynw.org) is a good place to find templates for lease violations and termination notices. I dealt with a tenant eviction in April of 2021. I did hire a real estate attorney because the process was very specific, and the tenant was not cooperating. For your next tenant, if your duplex is in Portland, you can ask the city for an exemption of tenant relocation cost (if you live one side). The website can be found at Apply for Relocation Assistance Exemption | Portland.gov.

If you need a real estate attorney recommendation, please DM me.

Melissa Hartvigsen · Answer

Yes, you should go in the day after they move out.

Dustin Le · Answer

@Melissa Hartvigsen thank you for your reply. To your point about serving the notice to enter, do you mean to go in the day after they are supposed to move out?

Chris Merchant · Answer

File for eviction and then when you get the order if they don't leave have the Sherriff/Constable remove them.

Owner occupied duplex tenant may not move out after 90 day notice. Advice?

Owner occupied duplex tenant may not move out after 90 day notice. Advice?

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