Phil Querin Q&A: Resident Drunken Disorderly Conduct - Shouting at Other Residents

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Phil Querin

Question:  We have a resident in the park who recently got into a verbal shouting match with another neighbor.  The resident was extremely intoxicated at the time and made threats and gestures that were very inappropriate and provocative.  There are some residents who want us to immediately issue a 24-hour notice.  However, until this incident, the resident has been a good tenant and never caused a problem.  How should we handle this?  This incident seems entirely out of character for this individual.
 

 

Answer:  The statute governing the issuance of a 24-hour notice is ORS 90.396[Acts or omissions justifying termination 24 hours after notice.]    Subsection (1)(f) states that a 24-hour notice may be appropriate in the following circumstances:

 

The tenant, someone in the tenant’s control or the tenant’s pet commits any act that is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. For purposes of this paragraph, an act is outrageous in the extreme if the act is not described in paragraphs (a) to (e) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. An act that is outrageous in the extreme[1]is more extreme or serious than an act that warrants a 30-day termination under ORS 90.392. [Emphasis mine.]

 

Unfortunately, in close cases, what is “outrageous” is frequently in the eyes of the beholder.  Thequestionis wasthistruly anisolated incidentforwhichyoucouldgivea30-daynoticethathecouldcurebysimplynotrepeatedwithin thefollowing30days?  Ifherepeatedit thereafter[i.e.within6monthsfollowingthedateofthe30-daynotice]youcouldterminatewitha20-day,non-curable,notice.

 

 

Inmakingadecisionwhetherto doa24-hournotice,whichisnon-curable,ora30-daynotice whichis,youshouldconsiderthefollowing factors:

1.   Hasthiseveroccurredbefore?

2.   Howlonghasthe resident beeninthepark?

3.   Is there a reason to believe the conduct will be repeated?

4.   Doesthe resident haveadrinking/emotionalproblemonaregularbasis?

5.    Did the conduct pose any immediatethreat to health or safety?

6.    Was actual violence involved?

 

Ifyou genuinely believe that a30-daynoticewouldwork,it will still provide you with the opportunity to issue a 20-daynon-curablenoticeifhefell offthewagonagaineitherwithinthe30daysorwithin180daysfollowingthedate of issuance of the 30daynotice. Remember that the 24-hour notice is final, whereas the 30-day notice is not, because it can be “cured.”  This may be a case where you should issue the 30-day notice, and make it clear to him that the next time will be final.   In any event, the conduct should not be ignored – a notice should issue.

 

[1]Acts that are “outrageous in the extreme” include, but are not limited to, the following acts by a person:  (1) Prostitution, patronizing a prostitute or promoting prostitution; (2) Manufacture, delivery or possession of a controlled substance; (3) Criminal intimidation; and (4) Criminal burglary. All of these acts are further defined in the criminal statutes.

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