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Abandoned Property

Discussion in 'Eviction, Recovery of Premises' started by Rentals, Sep 15, 2016.

  1. Rentals

    Rentals Law Topic Starter Guest

    I issued a 72-hour notice to a tenant for non-payment of rent. But it appears that he has left the property. Which way is the quickest way to reclaim my property? Is it to take him to court for not paying rent (which he won't show up) and get a judgement OR declare that he has abandoned the property?

    I am looking for a safe and quickest to take my property back. Thank you.
  2. adjusterjack

    adjusterjack Super Moderator

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    Safe and quickest often conflicts with legal.

    ORS 90.425 When property is left on the premises after a tenant has been lawfully removed, the landlord must give the tenant written notice at his last-known address that the: (a) property is considered abandoned; (b) the tenant must contact the landlord within five days after personal delivery (or eight days after mailed notice) to arrange for removal; and (c) the property is being stored, including the storage location.

    If the tenant fails to contact the landlord by the specific date, or after that contact fails to remove the property within 15 days, the landlord may sell or dispose of the property.

    The landlord may deduct from any sale proceeds the reasonable or actual cost of notice, storage, and sale, and unpaid rent. The landlord must turn any residual over to the tenant.

    2015 Oregon Revised Statutes :: Volume : 03 - Landlord-Tenant, Domestic Relations, Probate :: Chapter 090 - Residential Landlord and Tenant :: Section 90.425 - Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.

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