Do You Have to Evict Your Tenant? Why You Should Hire a Professional Portland Management Company

by | Jul 12, 2020 | Owner Education, Property Management Education, Uncategorized | 0 comments

Evicting a tenant in Portland, Oregon is complicated and often challenging. Landlords may feel like they can take care of serving the proper notices and showing up in court on their own, but we always urge rental property owners to work with a professional Portland property management company or an experienced real estate attorney when they’re facing the eviction process. Mistakes are easy to make, and they can be costly and time consuming.

Legal cause is required in Portland before you evict a tenant. The majority of evictions are conducted because a tenant isn’t paying rent. However, the standard for legal cause will also be met if a tenant is violating the lease agreement and refusing to come into compliance. Criminal activity at the property is also grounds for eviction.
Following the law is critical when removing a tenant from your Portland rental property. Our team at Performance Properties can help you avoid eviction and work with you to effectively navigate the process when you find yourself without other options.

Portland Rental Payments and Grace Periods

Landlords are required to provide a grace period for tenants who pay rent later than the due date. The mandated grace period is four days, so don’t try to charge a late fee or file for eviction on the day after rent is due. Include both the grace period and any late fees in your lease agreement so tenants understand what to expect.

Late fees cannot be more than five percent of the monthly rent, so whether you’re charging a flat late fee or a percentage of the money that’s owed, make sure it isn’t more than five percent.

Portland Eviction and Oregon Law

Oregon rental property owners have a choice in how quickly the eviction moves forward.

The first option is to serve a Pay or Quit Notice after rent is eight days late, which then provides your tenant with 72 hours (or three days) to pay rent or leave the property.
The second option is to serve the Pay or Quit Notice earlier, after rent is overdue by five days. If you choose this option, the tenant will have 144 hours (or six days) to pay the rent or leave the property.
Serving the Pay or Quit Notice is the first legal step towards the eviction process. Make sure you keep a copy of it and wait the full amount of time before you go to court to take the next steps.

Lease Violations and Eviction

If the tenant violates the lease agreement, landlords must provide a 30 Day Notice to Cure. The notice must specify the violation and provide instructions for the resident to fix the problem within 30 days.

If the tenant doesn’t come into compliance, then the lease agreement terminates. The next step is going to court to pursue a legal eviction.

Working with a professional Portland property management team allows you to manage the eviction process as quickly and cost-effectively as possible. Professional management also helps to protect you against having to evict in the first place; you’ll have better tenants in place and consistent, legally enforceable procedures for collecting rent and enforcing the lease.

Contact our team at Performance Properties if you’re worried about eviction. We’d be happy to help with all your Portland property management needs.