how to evict renter
I have rented to this person since jan. 2004 on a month to month basis. They knew that when I retire, which I did in 2005 I would be moving in the place as it is my retirement home. In feb. 2007 she paid no rent-March paid no rent. I went to serve her with a 72 hour notice around March 25th. What do I do to get my retirement home vacated?
Re: how to evict renter
First, make sure you filled out the 72 hour notice with the correct information (ask for only rent, give them adequate time to respond) and served the tenant properly (personal service is best).
Next, you’re going to need to need to file a legal complaint for the recovery of property (under ORS 105.005), also known as a forced entry detainer (FED). You should have the sheriff or a process server serve the tenant with a copy of the complaint that you file at the courthouse.
Approximately 2-3 weeks after the filing of the complaint, both parties need to appear in court for the “first appearance” at which time the judge will admonish the parties to work it out (for instance you could have the tenant sign an agreement that he will move out at the end of the month).
If the tenant doesn’t show, you have won by default. If you can’t agree, then the case goes to trial in another 2 or so weeks.
When you get a judgment, either after tenant defaults, you win at trial, or the tenant breaches your settlement agreement and you see the judge ex parte to have him sign a judgment, the tenant than has 3 days to vacate.
If the tenant has not vacated in 3 days then you can have the sheriff come and remove the tenant.
This can be a complicated and trying process. Work with an attorney if you are unsure on how to do this, it is easy to make a mistake and lose even though you feel that you are entitled to win.
Andrew Svitek
Svitek Law Group, LLC
520 SW 6th Ave, Suite 1250
Portland, OR 97204