sher324

Possible tenant abandonment

4 posts in this topic

What do you do when your tenants in Oregon may have abandoned your property, you can't get a hold of them, and you don't have keys to the house since they changed the locks? They also owe two months rent now. Their phone won't even take messages. I went to the house and there was a notice on the door from the gas company trying to collect and gas has been shut off.

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The phrasing of your question is a little odd. I assume your intent was to say that the situation described has occurred at property you own. If you're certain that the tenants have moved, call a locksmith.

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What do you do when your tenants in Oregon may have abandoned your property, you can't get a hold of them, and you don't have keys to the house since they changed the locks? They also owe two months rent now. Their phone won't even take messages. I went to the house and there was a notice on the door from the gas company trying to collect and gas has been shut off.

Sorry, but any landlord that has to ask those questions shouldn't be a landlord.

I suggest you start by studying up on the Oregon landlord tenant statutes:

http://law.justia.com/codes/oregon/2011/vol3/090/

If you can't figure it out from the statutes, you'll need to hire a lawyer.

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For further clariifcaiton and to learn more about what your next steps should be, visit Legal Street to locate a local lawyer in your area who will be able to advise you of your rights as a landlord. For less than $13 a month, you can have unlimited access to qualified attorneys to help you with most of your legal needs year-round.

According to the Oregon Residential Landlord and Tenant Statute:

90.410 Effect of tenant failure to give notice of absence; absence; abandonment.

(1) If the rental agreement requires the tenant to give actual notice to the landlord of an anticipated extended absence in excess of seven days as permitted by ORS 90.340 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

(2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

(3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it for a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord knows or should know of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. [Formerly 91.825; 1993 c.369 §13; 1995 c.559 §29; 1999 c.603 §26]

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