State Specific Question About: OREGON (OR)

Hi! We have a situation here in Portland, OR. My elderly mother owns a 4-plex and we've had great tenants always, until now. One of the tenants (moved in a year ago with his 19 year old son) has had major health issues and today had a liver transplant. His father is a great tenant--pays his rent on time, is friendly and quiet, etc. But he's not able to control his son.

His son (now 20) has been hosting noisy parties while his dad has been in and out of the hospital, brought his 51 year old girlfriend (!) in to live and has generally been making the other tenants crazy. We warned him after the first party, when the police were called, that we wouldn't tolerate anything more.

The tenants called the police a month later, but didn't call them until all the noise was over, so there was no proof of anything, but his father also told us he'd moved the girlfriend in. It turns out there is a no contact order between them because he was supposedly threatening to kill her. (!) He denies she is there, but other tenants have seen her. The dad has been trying to get him to move out with no luck.

Finally the dad decided to move out, and move in to the next unit with his friend, which leaves the son there alone (no job, no intention of working or ability to pay rent.) We issued an eviction notice and told him we want him out on the 30th of June when his father's tenancy ends. We've heard nothing since and don't believe he intends to leave. Hopefully we're wrong.

Dad gave his keys to his friend and asked him to start moving his things next door while he's in the hospital...he told us he went in today and called out to see if anyone was there. Suddenly something fell in one of the bedrooms, so he left. He didn't want any confrontation. He said the place is in chaos with just the son there...nothing obviously damaged, but dirty and in disarray.

SO...now we wonder where we stand if the guy doesn't move out on or by the 30th of June. He's broken the contract by 1) an unauthorized "roommate" 2) disturbances with the police being called 3x now. And probably other things that we don't know about. He's a bad guy.

What is the next legal step? Should we give him a notice reminding him he's to be out on the 30th? When we gave him notice we told him we'd take no action against him as long as he's out by the 30th. He seemed quite anxious about having to possibly go to court. Probably good reason for that.

Any advice is very welcome! Thank you.

Jennifer

If the lease is up at the end of June, the notice you should have served at the end of May (assuming 30 day notice required) is a notice of non-renewal. Check and see how you worded it. If, on July 1st, someone is still there, give notice of eviction to the tenant and all other occupants.

Check your lease for any auto-renew clause, if (proper) notice isn't given.

I’d make sure the father knows that him moving out isn’t enough - he is on the lease and as long as anyone is still in the apartment before it is fully and officially turned over, it goes on his record. Plan to evict dad, son, and all other occupants.

Portland, moved in a year ago... you might need to give a 90 day notice and pay $3,000 - $4,000 relocation money.

Re: letting the dad move into another apt...no problem. He's moving in with another tenant, who he works with. It's a small 2 bedroom apartment it isn't going to happen. Plus, we have to approve every roommate, so we wouldn't approve him. Not for anything!

Thanks for all the replies. Good ideas. Just talked this AM with a friend who owns a property management company, and he said the dad's 30 day notice automatically includes the son, so he has to leave when Dad does. And if he doesn't, then we go to court with a lawyer.

Portland is getting tricky and although we've taken classes and studied it's harder and harder to make sure we don't miss something.