[OR] Can a friend serve an eviction notice in Oregon, and how long can the tenant stay?

Lexi, Chatbot

I understand that dealing with tenant issues can be quite stressful. Have you already provided your tenant with any written notice regarding their lease or tenancy?

Lexi, Chatbot

What specific reasons do you have for wanting to remove the tenant from your home?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant issue.

Ray

Hey there! I'm Ray, an attorney with many years of experience. Just so you are aware, this platform provides legal information only. No attorney-client relationship is formed from our conversation.

I understand you're dealing with a verbally abusive tenant and want to start the eviction process. Have you considered any formal steps to address this situation, like serving a written notice or consulting local laws on tenant rights?

Ray

Yes, you can have a friend serve the eviction notice, but it's important to follow your state's specific rules for serving such notices.

Could you let me know which state you're in? This will help me provide more accurate guidance.

Ray

Got it, Oregon can be a bit tricky with its tenant laws!

Do you know if your tenant is on a month-to-month lease or a fixed-term lease? This can affect the eviction process.

Based on your situation, there are several legal arguments and considerations in Oregon that could potentially support your case:

In Oregon, landlords must follow specific procedures when evicting a tenant. (OR Rev Stat § 90.392 (2023)) For a month-to-month tenancy, a landlord can typically give a 30-day notice without cause, but if the tenant has been living there for more than a year, a 60-day notice is required. However, if the eviction is due to a violation of the rental agreement, such as being verbally abusive, a 30-day notice with cause can be issued, and in some cases, a 72-hour notice may apply if the behavior is particularly egregious.

The notice must be served properly, which can include personal delivery by someone over the age of 18 who is not involved in the case, like a friend. It's crucial that the notice clearly states the reason for eviction and the date by which the tenant must vacate.

Let me know if you have any questions or clarifications. If not, I’ll move forward with guidance.

Here’s how you can proceed with evicting your tenant in Oregon:

1. Serve the eviction notice
   You can have a friend serve the notice, but make sure they are over 18 and not involved in the case. The notice should be delivered personally to the tenant or posted on their door if they are not home.

2. Understand the type of notice required
   For a month-to-month tenancy, a 30-day notice without cause is typical, but if the tenant has been there for more than a year, a 60-day notice is required. If the eviction is due to a violation like verbal abuse, you can issue a 30-day notice with cause.

3. Document everything
   Keep records of all communications and notices served. This includes taking photos of the notice being posted and keeping copies of any written communications.

4. File an eviction lawsuit
   If the tenant does not leave by the end of the notice period, you may need to file an eviction lawsuit (also known as an unlawful detainer suit) in your local court.

5. Attend the court hearing
   Be prepared to present your case, including any evidence of the tenant's behavior and the steps you've taken to resolve the issue.

6. Follow through with the court’s decision
   If the court rules in your favor, they will issue a judgment that allows you to have the tenant removed by law enforcement if necessary.

Ray

Don’t worry, you’re not alone in this! Many people start with informal agreements. In Oregon, even without formal paperwork, you still have rights as a property owner.

Since there's no written lease, the tenant is likely considered a month-to-month tenant. You can still serve a notice to vacate based on the verbal agreement and the tenant's behavior

Ray

I totally understand how frustrating that must be. It's tough when good intentions don't go as planned. Even without formal paperwork, you still have options to address this situation. Let’s work through it together.

Yes, the form would be fine.

Ray

Yes, the form you completed on the website should suffice as formal notification, as long as it includes all necessary details like the reason for eviction and the date by which the tenant must vacate.

Ray

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Have a great night!