Owning a property in Portland that generates income for many is a dream come true. However, a rented property also generates expenses, and sometimes the monthly balance shows us red numbers. But if it can be maintained in good condition, tenants who take good care of the property and pay for rent on time, plus the capital gain that the property acquires, it can become a highly appreciated long-term asset.
Today at Better Off Home Buyers we want to give an overview at Portland, and the state of Oregon laws regarding tenant evictions. The tenant/landlord ordinances in force at this time of the Coronavirus epidemic.
Also, we want to share one of our clients’ experiences as a Landlord. Please read it down below, .
Recently, we worked with a homeowner who had a rental property with tenants. When he had have contacted us by phone for the first time, we asked him the normal questions regarding his property.
“How long have you been with your rental property?” Was one of the questions I asked him.
“I have owned this house for the past 10 years. I’m still making mortgage payments,” he said.
“Ten years, you must be receiving income from that house, why do you want to sell it?” I asked him
“I want to be honest with you Scott”, he said to me “The house is currently occupied by tenants”.
“Well…that is not a problem for us, we can buy it,” I kindly replied.
“For me, that property has been a big problem. My tenants haven’t paid rent for the past 24 months” he said.
“24 months, are they your relatives, what have you done to evict them?” I asked with surprise.
“No Scott, the tenants are not from my family. I have done everything humanly possible and have used all the legal means to evict them, but nothing has been successful. They changed the locks and have denied me access to the house. I have offered them cash to relocate but I have had no answers either. ” And his voice sounded desperate through my cell phone.
The client asked me if we at Better Off Home Buyer would be willing to make a fair offer for the property in the condition it is in. After we visited the home, and we made all the observations from outside, we presented him with a cash offer for his home.
Coincidentally, in those days the court ruled in his favor for a pending eviction lawsuit, then with the eviction date looming, the tenants finally vacated.
When we were able to see the property for the first time, it was in worse condition than we had expected … The tenants had cut holes in the walls and almost the entire place was covered to the knee in clothing, garbage, and rodent feces. In view of this situation, the owner agreed to a slight reduction in price to account for the unexpected cost to repair and decontaminate the place.
Then, according to our process, we closed the deal and gave him cash in 7 days.
The client told us that he could make better use of his money in other endeavors, and didn’t want to be a landlord anymore.
Unfortunately, these situations are common in Oregon landlord and tenant laws, which are heavily burdened in favor of tenants. If you find yourself in a similar situation, we can offer assistance and buy that property that bad tenants have turned into garbage, through a stress-free and a hassle-free process.
If you want to sell your property with your tenants, we can accommodate this as well. One of the strategies at Better Off Home Buyers is to buy your properties and inherit your tenants (paying or non-paying). Then we ask them for the house keys and offer them some cash to help them to move out of the property.
Second testimony, here’s the video.
How Long Does It Take To Evict A Tenant In Portland, OR?
It is not easy to answer this question of how long it would take to evict a tenant in Portland. The eviction process in Oregon should begin with a written note from the landlord, stating the intention to retake possession of the rental property.
The amount of time given to the tenant to remedy the violation of the terms of the rental agreement, pay the amount due, or vacate the property, depends on the reason the property owner claims. Oregon law says:
Reasons for Evictions in Oregon.
- Stop paying the rent
- Breach of the terms of a rental agreement.
- Tenants or members of his household commit outrageous acts. Acts of scandal can include:
- Threatening other people.
- Cause substantial damage to rental property.
- Committing illegal acts associated with illegal drugs.
Regardless of the reason for the eviction, the state of Oregon requires the landlords to initiate the eviction process by notifying the tenant in writing of their intention to take control of the property.
The time the landlord must give the tenant to correct a problem or vacate the property depends on the reason for the eviction.
Eviction for Lack of Rent Payment.
Generally, a landlord must notify a tenant in writing that has stopped paying rent after the 7th day of default, warning that he or she has 72 hours to pay or vacate the property.
However, if the lease contract stipulates it, the landlord must deliver a note demanding the payment of rent or eviction the tenant after the fifth day of default, giving a period of 144 hours to pay o to vacate
If the tenant defaults on payment within the time specified in the notice, the landlord can proceed with the eviction process by filing a Summons and Complaint in a court.
Evictions for Violation or Breach of the Rental Agreement.
When a tenant breaches the terms of a lease, the landlord can begin the eviction process with a 30-day written notice to correct the breach or vacate the property. The tenant has the right to respond in writing specifying that they will resolve the issue at hand within 14 days.
If at the end of the 14-day period the breach of the contract has not been resolved and the tenant continues to occupy the premises, the owner can request the property within the next 30 days. After these 30 days, the landlord can file an eviction lawsuit in court.
Other Causes for Eviction of Tenants.
- When the tenant or their pet threatens to harm another person or the property.
- Commotion, neighborhood complaints.
- Use or manufacture of illegal drugs on the property.
- False information on the rental application, concerning criminal activities, within the previous year.
- Acts of prostitution on the rented property.
In the above situations, the landlord can request in writing the eviction of the property within the next 24 hours, if after that time the tenant has not left, an eviction case should be filed in court.
When a Tenant Cannot Be Evicted in Oregon?
In the State of Oregon, it is not legal to attempt to evict a tenant for presenting complaints to a government agency about a violation of construction laws or codes.
-Organize or belong to a tenants association.
-Testify against the landlord in a legal matter.
-Complain the landlord about a property issue.
-It is also illegal to attempt to evict tenants based on their race, gender, religion, national origin, sexual orientation, marital status, or disability.
Actions Taken in Portland byMoratoriums Covid-19
Under ordinance 189890 the city of Portland aligned itself with Multnomah County and executive order 20-13 of the Oregon Governor signed on April 1, granting a 90-day moratorium for rent payment and extendable for the duration of the coronavirus health emergency.
Tenants in Portland who are unable to pay rent must notify their landlords within a reasonable time in order to accrued debt and be eligible to pay the rent due in a six-month grace period.
After April 16, tenants who are unable to make their rent payments are not required to submit any written proof of the impairment but must notify the landlord in time. Landlords may not attempt to evict tenants under this 20-13 order during the time of the moratorium and the six-month grace period for late payment.
Better Off Home Buyers, buys properties as-is. We buy properties with tenants or vacant ones. In any condition and for the reasons that motivate you to sell your house, we will present you with a fair offer and we can close the business in up to 7 days.
In this post, we have transcribed the experience of one client and presented the testimonial video of another.
The vast majority of experiences with tenants are very positive, our company has bought houses inhabited by excellent tenants, to whom we have had the pleasure of assisting them in relocating and who have given us an invaluable collaboration.
It is important to know the tenant-landlord city, county, and state laws. Many times the eviction processes are not as fast as a homeowner would like, but it is part of the law, and all we have rights and responsibilities.
Better Off Home Buyers has the experience and extensive knowledge to find our clients home selling solutions. We know people need to sell their homes for different reasons. Contact us by filling out the form on this page or call us directly at (503) 212- 9641, Ask for Scott Dalinger.