Eviction

First in a series of articles dealing fair housing issues when addressing residents who break the rules. 

Fair housing problems can arise when dealing with residents who break the rules. The specifics will vary, but all residents have to abide by some basic rules: They must pay rent, avoid damage to the unit (subject to reasonable wear and tear), and refrain from interfering with the quiet enjoyment of other residents.

But what happens when residents break the rules? They may fail to pay their rent, ignore community policies, damage the property, or disturb their neighbors. Whatever the problem, you have the right to enforce the lease and community rules, subject to applicable landlord/tenant laws. It doesn’t have to be a fair housing problem, but it can quickly become one if you’re not careful.

Over the next couple weeks we will cover eight rules —the essential ‘dos and don’ts’—for dealing with residents who break the rules and keep the housing provider from violating fair housing laws.

Always Assume The Matter Will Go To Court

While most legal notices will have their desired effect – e.g. the tenant will pay the rent, or maintain the space, or do what is necessary to comply – there are a small number of tenants who will fight. Of those who fight, some will secure an attorney. Most attorneys know that the easiest way to win is to attack the notice for some deficiency. If the notice is legally insufficient, the landlord’s case will fail without any examination of the merits of the case. The failure to win in court oftentimes leaves management with an unmanageable tenant.

Accordingly, when landlords and managers prepare notices, they should always assume that the notice will be contested. This approach is the best protection landlords have in securing compliance in those cases where the tenant decides to fight.

What does it mean to draft a notice as if the matter will go to court? It means that someone – the judge or jury - will be scrutinizing the document. It means making sure that everything is filled out correctly before mailing or delivering it. It means using a form, if one is available, rather than hand-drafting a notice. It means making sure that the proper form is used. In some circumstances, it may mean having your attorney review the form before sending it out.

The Basics. Except where the physical condition of the home is at issue, a landlord may terminate the space rental agreement by giving the tenant not less than 30 days’ notice in writing if the tenant:

1. Materially violates a law related to the tenant’s conduct as a tenant;
2. Materially violates a rental agreement[1] provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy; or
3. Is classified as a level three sex offender under ORS 163A.100.

On August 19, 2021, the Oregon Supreme Court issued Chief Justice Order #21-031 (“CJO 21-031”) which extends certain statutory time periods for FED/Eviction actions. The CJO went into effect immediately and remains so until 60-days after the end of Oregon’s COVID State of Emergency or until the Chief Justice so orders. As of now the Governor’s declared State of Emergency is in effect until December 31, 2021.