Evictions can be one of the most challenging aspects of property management. From legal intricacies to delicate tenant communications, navigating through the eviction process requires careful planning and adherence to local laws and regulations. In this comprehensive guide, we’ll walk you through the essential steps involved in successfully managing an eviction as a private landlord or property manager. NOTE: We are NOT attorneys and this is offered not as legal advice but as general discussion.
Step 1: Know the Laws and Regulations
Before initiating any eviction proceedings, it’s crucial to have a solid understanding of the eviction laws and regulations in your area. Each county in Oregon and even some individual cities and jurisdictions will have specific requirements regarding notice periods, eviction reasons, and tenant rights. Familiarize yourself with these regulations to ensure compliance and avoid legal complications down the line. We recommend the following entities for finding and learning about the laws in your area:
- Oregon Court Instructions to Landlords
- Portland Area Rental Owners Association
- Oregon Property Owners Association
- Oregon Bar Association’s Information on Landlord Tenant Law
Step 2: Document Everything
Documentation is key even before the eviction process. Keep detailed records of all interactions with your tenant, including communication via text message, email, phone call, or letter. You should also have copies of all lease agreements, rent payments, and any lease violations. Take photos and use an app with a time/date stamp. These documents will serve as evidence in case of legal disputes and provide a clear timeline of events leading up to the eviction.
Step 3: Attempt Resolution
Before resorting to eviction, consider attempting to resolve the issue with the tenant through open communication and negotiation. Many counties offer mediation and some jurisdictions will require mediation. Address any concerns or grievances they may have and try to reach a mutually agreeable solution. In some cases, offering payment plans or lease modifications can prevent the need for eviction altogether. Make sure you let your tenants know about any rental assistance programs in your area, too.
Step 4: Serve Notice
If resolution attempts fail, the next step is to serve the tenant with the appropriate eviction notice. The type of notice required will depend on the reason for eviction and local laws. Common types of notices include a 10-Day Notice to Pay or Quit (for non-payment of rent), Cure or Quit (for lease violations), and Unconditional Quit (for serious violations or repeated lease breaches). Ensure that the notice is served correctly and in compliance with legal requirements. Typically, we see landlords sending these notices both electronically and via hard copy mail. We offer a print and mail service for those property managers who have several dozen notices to mail each month. When you mail a notice yourself, be sure to get a Certificate of Mailing from the Post Office to prove that you mailed the items when you said you did.* For those using a print and mail service, a Certificate of Service signed under penalty of perjury by your provider will likely suffice.
* A Certificate of Mailing is NOT the same as Certified Mail which you do NOT want to use.
Step 5: Wait for Response
After serving the eviction notice, allow the tenant the specified timeframe to respond or remedy the situation, if applicable. This waiting period is crucial as it gives the tenant an opportunity to comply with the notice or contest the eviction in court. Be prepared to respond promptly to any communication from the tenant during this time. If you decide to accept partial payment from your tenant at this time, the eviction process ends.
Step 6: File for Eviction with the Court (FED)
If the tenant fails to comply with the notice or contest the eviction, you may proceed with filing for eviction through the appropriate legal channels. In Oregon, this typically involves filing a Summons and Complaint with the county court where your property is located and paying any associated fees. The Oregon courts offer an interactive online filing service for Evictions which can make the process much easier, but may not be available in your county. (In that case, you’ll need to file the paperwork in person.) Be sure that all paperwork is completed accurately and according to the court’s requirements. Court clerk’s typically respond to your filing within 24 hours.
Once they’ve accepted your filing (it meets their requirements), you will be assigned a case number and a hearing date and time will be set. Your documents will be returned to you electronically with that case number and a notice about the hearing. The date you filed the forms will be stamped at the top of each document. Those documents must be served on your tenant by someone other than yourself, usually within the next 24 hours.
Step 7: Attend Court Proceedings
Attend the hearing prepared with all necessary documentation and evidence to support your case. Be respectful and professional in court proceedings, and follow the judge’s instructions carefully. This is also a good opportunity to negotiate one last time with your tenant. Many landlords offer “cash for keys” at this point to expedite the move out.
Step 8: Obtain Judgment and Writ of Possession
If the court rules in your favor and grants the eviction, your tenant will be ordered to move out and you will receive a Writ of Possession allowing you to regain possession of the property. This document authorizes law enforcement to remove the tenant if they refuse to vacate voluntarily.
Step 9: Execute Eviction
Once you have obtained the Writ of Possession, coordinate with law enforcement to execute the eviction in a safe and orderly manner. Be present during the eviction to ensure that it is conducted according to legal requirements and without incident. Take precautions to protect the tenant’s belongings and minimize any potential conflicts during the eviction process. Your tenant will not be allowed to take more than they carry in one load at this time.
Step 10: Post-Eviction Procedures
After the tenant has been evicted, there are several post-eviction procedures to complete. This may include changing locks, securing the property, and addressing any damages or repairs needed. Follow up with legal counsel to ensure that all post-eviction procedures are carried out in compliance with the law.
Conclusion:
- Navigating evictions as a landlord or property manager can be complex and challenging, but with careful planning and adherence to legal requirements, you can successfully navigate the process. By following the step-by-step guide outlined above, property managers can effectively manage evictions while protecting their rights and property interests. Remember to prioritize communication, documentation, and compliance throughout the eviction process to achieve the best possible outcome.