Hi, I’m Faye with Residential Property Management in Portland. Our topic today is evictions, and we are going to talk about how you remove tenants from your rental and regain possession of your property. In Oregon, an eviction can take between 30 and 60 days. Things get complicated and drag on longer if the landlord inadvertently gives the tenant a defense for not paying rent. A landlord has specific requirements during the tenancy, just like the tenants, and if those things are not handled properly, the tenants will claim their reasons for not paying rent are justified.
The process can be simple and straightforward if it’s a case of the tenants not paying rent because they no longer have the means to do so. While the process is easy to follow, you have to make sure you cover every single step correctly, otherwise you will have to start over, and that means your tenant will continue living in your property without paying you any rent. The longer they stay in your home without paying, the harder it is for you to recoup any funds they owe you.
The first part of the eviction process is issuing a proper notice to the tenant. You can often buy these legal notices from landlord organizations, or you can get help from a professional property manager. You usually will want to file a 72-hour notice for non-payment of rent, and we always recommend having an attorney check it out before you file it. The form has to be filled out correctly, or it will not mean anything. This notice will tell the tenant that rent is past due and they must pay before the date on the notice, or you will pursue eviction.
Once the date on your notice comes and goes, and you have not received the late rent, you have to go to the courthouse and make an official eviction filing. You can do this on your own or you can have a lawyer file for you. Even if you do it on your own, we always recommend you do so with specific instructions and guidance from your attorney. It’s tempting to want to avoid getting legal help so you can save money, but your rental property is at stake, and this is not a good time to try to do everything yourself. Get professional help because even one mistake will require you to start the whole process over.
Something you need to remember is that you never have the right to “take” possession of the property from the tenant. Either the tenant voluntarily gives you possession of the property or the courts grant you that possession.
After you file, you’ll need to wait for the tenants to respond and the court to make a decision. The best way to avoid evictions entirely is by making sure you have a high quality tenant in your home, and property managers are very skilled at placing the right people. If you have any questions about evictions, or you’d like to discuss this further, please contact us at Residential Property Management, Inc.