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Termination without stated cause

Discussion in 'Eviction, Recovery of Premises' started by hvbnh2008, Oct 20, 2015.

  1. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

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    Jurisdiction:
    Oregon
    A tenant that lives in one unit of my seven-plex is not only a grumbler but also does not take care of the unit properly. I am very sick of fixing and paying for the broken stuffs that he causes. I could have taken him to Small claim court to make him pay but my time and court fees wouldn’t have been worth it. Besides, he would have argued that the unit had a lot of problems and it was my responsibility to maintain (Note: I do not have to service other units as much as I do his).

    Because of this troubled tenant I wanted to let him go peacefully by giving him a 60-day notice of termination without cause. He was very angry and asked me why he had to leave. My response was that I just wanted to have the unit back. He insisted that he wouldn’t leave and would see me in court.

    I have a month-to-month rental agreement with him and he’s been renting for about two years. I have other tenants that are just a few months but are nice to work with.

    I have a few questions: 1) Can he refuse to leave? 2) Do I have to let the newer tenants go before letting him go because he has more “seniority”? 3) If we go to trial, am I going to be asked by the judge why I let him go and what will I say? 4) Can I rent the unit again after he’s left or do I have to wait for a period of time before I can rent?

    Thanks
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Of course he can refuse to leave. And if he's not out by the deadline date you file for eviction in court.

    Nope. No such thing as seniority in landlord tenant agreements.

    "Your honor, I find the tenant generally objectionable to me but, in accordance with Oregon Revised Statute 91.070, I don't need a reason and I have given him more than the required 30 days notice of termination of a month-to-month tenancy."

    Make sure you have the statute printed out so you can read it out loud. You can find it at:

    Chapter 091

    You can rent it the minute he's out the door and you have regained possession of the rental.

    In addition to the Tenancy section of the statutes (Chapter 91) you also need to read the Residential Landlord Tenant Statutes (Chapter 90) at:

    https://www.oregonlegislature.gov/bills_laws/ors/ors090.html

    And you need to know those statutes forwards and backwards. You could have gotten rid of this character a long time ago if you had known the requirements of termination for cause in Chapter 90.

    I hope you gave him the termination notice in writing as required by the statute instead of just telling him. Telling him doesn't count.
     
  3. army judge

    army judge Super Moderator

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    Excellent response.
    OP, the only thing I can add, is make sure you bring copies for the court and the defendant/tenant.

    Good luck.
     
  4. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

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    Thank you, Adjusterjack and Army judge, for your answers. And yes, I served the tenant the termination notice in writing.
     
  5. army judge

    army judge Super Moderator

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    You should bring copies of the vacate notice with you to court for the judge and the defendant.

    You also need to PROVE the defendant received service (who, when, how).

    Many defendants will LIE about ever being served a proper notice to vacate.

    That's why its also a good idea to send the notice via certified or registered letter, with proof of delivery and signature upon receipt by the defendant.

    Again, bring proof and copies for all parties.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    True but, unfortunately, many people (especially bad tenants) will duck certified mail as bad news and the sender won't know it for about 3 weeks until the Post Office sends it back.

    These days, it's a good idea to bring a witness to the delivery of the notice. With camera phones and cheap digital cameras it's easy to memorialize delivery.
     
  7. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

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    Thank you for your reminders. I talked to the courthouse and they said they would accept "certificate of mailing" as a proof of serving, which is the route I took. With this way of mailing, the post office gives me a verification that the notice was mailed regardless if he wants to accept it or not because it doesn't require his signature.

    I have no choice in doing this but it has been very stressful and costly to have him as a tenant; it will cost me court fees, fees for cleaning and repairing the unit after he leaves, and probably at least a couple of months of vacancy. However, the outcome of not having this person be a part of my business life is worth the effort and money.
     

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