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Updated almost 9 years ago on . Most recent reply

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70
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Chris Gibbs
  • Investor
  • Portland, OR
56
Votes |
70
Posts

Portland Tenant law question

Chris Gibbs
  • Investor
  • Portland, OR
Posted

I recently closed on my first triplex in Gresham OR.  All three units are on month to month leases and I decided which one I was going to move into.  Before closing I asked the seller to give the tenant a 60 day no-cause eviction so that I could move in within my 60 day window of closing (fha financing).  He agreed and mailed the document which I have a copy of.  Now the tenant seems to think that because the property changed hands that the 60 day he was given before is not valid.  I cant find anything in the tenant laws about this kind of situation.  Does anyone here know if I need to do anything in addition to what has already been done by the previous landlord?  I know now that I could have given him a 30 day after we closed but since he already got the 60 day I didn't bother.  Should I give him a 30 day tomorrow?  Or do I have grounds to have him out by the 30th of this month via the previous notice?

He also seems to think that he is due 3 months rent for being forced out of his residence (completely not true).  All of this is pretty confusing and I do not know if I am missing something or he is just trying to scam me for more money/stay longer.  

Thanks for all your help in advance.

Most Popular Reply

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732
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Neal Collins
  • Developer
  • Portland, OR
490
Votes |
732
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Neal Collins
  • Developer
  • Portland, OR
Replied

Chris Gibbs The notice the seller gave is still valid regardless of the property changing hands. If your tenant's logic were flipped around then they wouldn't have a lease because the property sold.

You also do not owe him moving expenses of any form of rent credits. The deposit is a slippery slope because 1. You don't want the unit trashed further, but 2. The seller *probably* didn't give you a move-in condition report, did he?

If you ask a lawyer they are going to make a big deal about the verbiage of the eviction notice. Make sure that it is clear, was delivered properly, identifies the date and time the tenant is supposed to be out by, and make sure that if it was sent by mail then the 60-day notice allowed for 3 days of postal delivery. Without this piece then it won't do you much good in court.

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