Facing Potential Eviction Due to Nonpayment of Utilities - Need Advice!
Hey everyone,
I'm a property owner in the Portland metro area, and I've got a potential eviction on my hands. I'm reaching out to this community in hopes of getting some guidance and specific recommendations.
Here's the situation: My tenant has consistently failed to pay their utilities. I've been understanding and even gave them multiple extensions out of goodwill. However, it's become clear that my kindness is being taken advantage of. I've tried every communication method – text, email, and even first-class mail. To formalize things, I served them with a "Notice of Termination with Cause" following ORHA's guidelines.
Based on the lease agreement and my understanding, this nonpayment of utilities directly violates ORS 90.392 - Termination of tenancy for cause.
I'm trying to navigate this situation as best as I can, but I'm feeling a bit overwhelmed. If anyone has faced similar challenges or has specific recommendations on how to handle this, I'd be incredibly grateful for your insights.
Thanks in advance for any advice or resources you can share. This community has always been a great source of knowledge, and I'm hopeful to find some clarity here.
Same thing happened to me but with rent. I never have any utilities under my name here in AZ. I was too nice multiple times and the tenant began to take it for granted and just played me assuming no consequences. In my situation, I was in a month to month. I sent a certified letter stating the lease will not be renewed and the 30 day notice was in effect. I stated to continue living in the home, they needed to sign a new lease which had specific text added to deal with this. If they didn't sign or move out, they would be overstaying the lease and that would be grounds for eviction. They dragged their feet but ultimately they signed the lease and transitioned to an online payment system that automatically calculates late fees and adds it in. It only accepts payment in full for everything also. The tenants seem to have shaped up.
The other half of this play was my 100% willingness to use a local attorney to evict them. Prior, I had paid them for a 1 hour consultation and learned a lot. I suggest you consult an attorney from your state who specializes in evictions and learn the correct process.
Not sure of the laws where you are but it sounds like eviction time. Even if they pay and get the utilities turned back on and are in good standing I would not renew their lease when it comes up for renewal. They have shown you their colors. They are probably chill'n while you are overwhelmed. Sometimes the worst tasting medicine is best for people. If you don't get rid of them, you will be back in this situation again.
Hey Ben,
This is a professional tenant who knows they can't be evicted because they are paying their rent. You probably need a lawyer to handle this for you. If you can, bribe or beg your lawyer of choice to let you look over their shoulder and get their advice on how to avoid this in the future. My best wishes for a quick and easy resolution.
Val
@Ben Kirkpatrick as you've already admitted, this is beyond your skill set. I recommend you contact an attorney and let them handle it. Your Tenant may choose to straighten up or voluntarily leave once they know a professional is involved.
