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jensaks

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Posts: 7
Reply with quote  #1 

Hi!  We have a situation here in Portland, OR.  My elderly mother owns a 4-plex and we've had great tenants always, until now. One of the tenants (moved in a year ago with his 19 year old son) has had major health issues and today had a liver transplant.  His father is a great tenant--pays his rent on time, is friendly and quiet, etc.  But he's not able to control his son.

His son (now 20) has been hosting noisy parties while his dad has been in and out of the hospital, brought his 51 year old girlfriend (!) in to live and has generally been making the other tenants crazy. We warned him after the first party, when the police were called, that we wouldn't tolerate anything more.

The tenants called the police a month later, but didn't call them until all the noise was over, so there was no proof of anything, but his father also told us he'd moved the girlfriend in.  It turns out there is a no contact order between them because he was supposedly threatening to kill her. (!)  He denies she is there, but other tenants have seen her. The dad has been trying to get him to move out with no luck.

Finally the dad decided to move out, and move in to the next unit with his friend, which leaves the son there alone (no job, no intention of working or ability to pay rent.)  We issued an eviction notice and told him we want him out on the 30th of June when his father's tenancy ends.  We've heard nothing since and don't believe he intends to leave.  Hopefully we're wrong. 

Dad gave his keys to his friend and asked him to start moving his things next door while he's in the hospital...he told us he went in today and called out to see if anyone was there.  Suddenly something fell in one of the bedrooms, so he left.  He didn't want any confrontation.  He said the place is in chaos with just the son there...nothing obviously damaged, but dirty and in disarray.  

SO...now we wonder where we stand if the guy doesn't move out on or by the 30th of June. He's broken the contract by 1) an unauthorized "roommate" 2) disturbances with the police being called 3x now.  And probably other things that we don't know about.  He's a bad guy.

What is the next legal step?  Should we give him a notice reminding him he's to be out on the 30th?  When we gave him notice we told him we'd take no action against him as long as he's out by the 30th.  He seemed quite anxious about having to possibly go to court.  Probably good reason for that.

Any advice is very welcome!  Thank you.

Jennifer

 

LLinVA

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Posts: 419
Reply with quote  #2 
You've given the notice, so give him the chance to get out on time like he is supposed to. If he doesn't, you should be able to go to court to schedule a hearing for the actual eviction since he is overstaying his lease. If he does try to pay July's rent, don't accept it (unless your state allows you to with reservation and still move forward with the eviciton). 

It would be best to consult with an attorney on this. Without knowing your state's laws, seeing the lease, seeing the notice you gave him already, etc. we can't really help you and it's too easy to accidentally do something the wrong way or at the wrong time and at best force you to start the whole process over again.
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