OT Evicting a tenant on a verbal rental agreement

Welcome to our community

Be a part of something great, join today!

Register Log in
BlazerWookee

BlazerWookee

UNTILT THE DAMN PINWHEEL!
Joined
Sep 16, 2008
Messages
13,211
Likes
6,554
Points
113
Any experience? Any advice? Recommended resources?
 
You owner or you subrenting to some one?
 
The prima facie evidence of the rent contract is your rent collection series. Don't tell me it's been all cash.
 
Only operate with written rental agreements.
This is a sticky enough situation (with fair housing laws), that you'll need to talk to a qualified attorney. I'd look at the BiggerPockets vendors to see if you can find a good one.
 
Without a lease I don't think she can evict, but she can start the process of terminating the "month to month" agreement that they have. She can notify the tenant that in 30 days she won't be renewing their agreement. Document the process in case they challenge her.
 
BlazerWookee said:
Any experience? Any advice? Recommended resources?
Click to expand...
Hire a lawyer and serve an eviction notice....if there's no agreement on paper....start showing it to potential renters...hopefully they're not in NYC in a rent controlled building or they could squat for a long time before getting the boot. Have the locks changed on the building.
 
BlazerWookee said:
A friend is the owner, she let someone move in who is not living up to her end of the bargain.
Click to expand...

Your friend needs to talk to an attorney that specializes in landlord tenant law.

She can do the eviction process herself but if she does anything wrong the penalty is 30 days free rent.

Also the eviction moratorium in Oregon is ending at the end of this month so the eviction courts are going to be slammed.

Here are forms if she wants to do it herself.

https://store.oregonrentalhousing.com/

But she needs to follow things exactly.

Good info here - https://oregonrentalhousing.com/

I would strongly suggest the owner talks to the tenant and comes to a written agreement that in exchange for 30 days of free rent if the person agrees to leave. That agreement needs to be written up by an attorney.

If they can't come to an agreement then she needs to issue a 30 days notice to vacate. She can't do a 72hr notice for non-payment on a verbal.

Again, if this turns into a war the penalty can be 30 days free rent for everything the owner does wrong.

Either pay an attorney or pay the person to go away.
 
BlazerWookee said:
Got any resources better than google to find one? Are any of the "free legal advice" outfits reliable?
Click to expand...

Call the Oregon Bar for a referral in your area.

You can always have your friend offer the tenant $300 to move out in 72hrs. Once them and their shit are out the landlord tenant laws no longer apply.

I know it sucks to have to pay to get a person like this out but the mistake was already made allowing them to move in without a landlord tenant agreement in writing.

Now your friend needs to find a way to minimize this mistake.

Because the rent moratorium is ending in 2 weeks the courts could be slammed. It could take a few months to get a court date. And the tenant could hire an attorney and then shit could get really crazy.

This could cost a couple of grand in attorney fees and 6 months of free rent for the tenant.

If the goal is to get them out for as cheap as possible then paying them to leave could be the best option.
 
Sly is right. Whatever you can do to make them leave on their own accord is ideal. If they won't play ball, hire a lawyer. I've gone through the eviction process with a lady that did have a written rental agreement and it was still a complete fiasco. Between the eviction moratorium and the landlord/tenant legislation that has passed the past few years in favor of tenants, it's never been harder to evict someone in Oregon. Whether I am in favor of said legislation or not is a totally different subject that I won't get into here.
 
tlongII said:
I think if you moved in with them it might get her out.
Click to expand...

Ding ding ding! The creative winnah! Don't forget to be a bitch, shove her weight around, and prevent the tenant from sleeping.
 
BlazerWookee said:
A friend is the owner, she let someone move in who is not living up to her end of the bargain.
Click to expand...
Is it you? Are you not living up to her end of the bargain wook?

I would suggest cups of water perched on the door frames. This will let your friend know that you don’t plan on living up to her end of the bargain at all.
 
Your friend should sleep at her own home in the day, and live in her rented-out home at night, when the tenant is trying to sleep. Eat all the food, but don't leave her loud stereo or barking dogs there in the daytime or they'll disappear.
 
That's not creative enough.

Many bullies would pay the landlord for this chance. Put an ad in a free paper with this offer: "For only $400/month rent, you get to live in a place where you can treat your co-tenant like shit, and I the landlord will back you up. This saves you half your rent, AND you can be a bitch all you want." Tlong contributed his idea, so of the $100 royalty portion of the $400, I'll get $80 and he'll get $20. Your friend will profit $300 from this, and also get free entertainment when she and I visit the place every night all night and raid the tenant's drugs and ice box.
 
jlprk said:
That's not creative enough.

Many bullies would pay the landlord for this chance. Put an ad in a free paper with this offer: "For only $400/month rent, you get to live in a place where you can treat your co-tenant like shit, and I the landlord will back you up. This saves you half your rent, AND you can be a bitch all you want." Tlong contributed his idea, so of the $100 royalty portion of the $400, I'll get $80 and he'll get $20. Your friend will profit $300 from this, and also get free entertainment when she and I visit the place every night all night and raid the tenant's drugs and ice box.
Click to expand...

It puts the lotion on its skin so jlprk will not have to pay your rent again.
 
SlyPokerDog said:
Your friend needs to talk to an attorney that specializes in landlord tenant law.

She can do the eviction process herself but if she does anything wrong the penalty is 30 days free rent.

Also the eviction moratorium in Oregon is ending at the end of this month so the eviction courts are going to be slammed.

Here are forms if she wants to do it herself.

https://store.oregonrentalhousing.com/

But she needs to follow things exactly.

Good info here - https://oregonrentalhousing.com/

I would strongly suggest the owner talks to the tenant and comes to a written agreement that in exchange for 30 days of free rent if the person agrees to leave. That agreement needs to be written up by an attorney.

If they can't come to an agreement then she needs to issue a 30 days notice to vacate. She can't do a 72hr notice for non-payment on a verbal.

Again, if this turns into a war the penalty can be 30 days free rent for everything the owner does wrong.

Either pay an attorney or pay the person to go away.
Click to expand...

This is very good advice.
 
crandc said:
I live in California. Does Oregon have a state housing department? They would at least have information on laws.
Click to expand...
We've spent the last couple days combing Oregon's state website and that of the Oregon Bar Association. We cobbled together enough info to do the official eviction notice. The OBA offers to connect us with a lawyer for up to 30 minutes for a max outlay of $35. That'll be the next step.

EDIT: Oh, and https://oregonrentalhousing.com/ was very helpful, too, thanks, John!
 
BlazerWookee said:
We've spent the last couple days combing Oregon's state website and that of the Oregon Bar Association. We cobbled together enough info to do the official eviction notice. The OBA offers to connect us with a lawyer for up to 30 minutes for a max outlay of $35. That'll be the next step.

EDIT: Oh, and https://oregonrentalhousing.com/ was very helpful, too, thanks, John!
Click to expand...
I know a lawyer who'll consider your case for the first 30 minutes for free.
 
BlazerWookee said:
We've spent the last couple days combing Oregon's state website and that of the Oregon Bar Association. We cobbled together enough info to do the official eviction notice. The OBA offers to connect us with a lawyer for up to 30 minutes for a max outlay of $35. That'll be the next step.

EDIT: Oh, and https://oregonrentalhousing.com/ was very helpful, too, thanks, John!
Click to expand...
Hey Wook just a thought but given the market is through the roof right now has your friend considered selling the place? It's a seller's market these days...top dollar guaranteed or at least listing it ...maybe with a property management company that would get rid of any tennants in pretty quick order?
 
Thanks for all the advice, I was able to cobble together an eviction notice that sounded official enough to get her to go. Most of her stuff was out by the time I got off work on Thursday.

On a side note, my girlfriend (the homeowner) was REALLY grateful last night.


I need a nap.
 
BlazerWookee said:
Thanks for all the advice, I was able to cobble together an eviction notice that sounded official enough to get her to go. Most of her stuff was out by the time I got off work on Thursday.

On a side note, my girlfriend (the homeowner) was REALLY grateful last night.


I need a nap.
Click to expand...

I think I'm going to start calling you Mr. ED.
 
BlazerWookee said:
Thanks for all the advice, I was able to cobble together an eviction notice that sounded official enough to get her to go. Most of her stuff was out by the time I got off work on Thursday.

On a side note, my girlfriend (the homeowner) was REALLY grateful last night.


I need a nap.
Click to expand...
I always need a nap.
 
You must log in or register to reply here.
Back
Top