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Locked Out: What to Know about the Eviction Process in Gresham, OR

Locked Out: What to Know about the Eviction Process in Gresham, OR

Are you struggling with evicting a tenant? In Oregon, tenants typically have only 72 hours after receiving an eviction notice to pay overdue rent or vacate the property.

Evictions are stressful. Understanding the eviction process is crucial if you're a landlord in Gresham, OR.

After all, knowing your rights and responsibilities can help you navigate this complex situation legally. Fortunately, familiarizing yourself with local eviction laws and seeking legal advice can make the process more approachable.

Do you need help getting rid of a bad tenant? Keep reading to learn everything you need about handling evictions efficiently and effectively.

Reasons for Evictions

Unfortunately, evictions can't happen because you want new tenants. However, landlords can evict tenants for several reasons:

  • Non-payment of rent: This is the most common reason. If rent is late, landlords can start the eviction process
  • Violation of lease terms: This includes damaging property, causing disturbances, or having unauthorized pets or people living in the unit

The Notice to Quit

Before an eviction can proceed, the landlord must give the tenant a "Notice to Quit." This notice informs the tenant of the issue and allows them to fix it. The type of notice depends on the reason for eviction:

  • Non-payment of rent: A 72-hour or 144-hour notice is required
  • Lease violations: A 30-day notice is standard but can vary based on the violation
  • No-cause eviction: 30-day notice for month-to-month tenants; 60-day notice for tenants over a year

Filing an Eviction Lawsuit

If the issue remains unresolved, the landlord can initiate eviction proceedings. They can do this by filing a lawsuit known as a "Forcible Entry and Detainer" (FED) action in the county court where the property is situated.

Court Hearing

Once the lawsuit is filed, the court will schedule a hearing and issue summonses for the landlord and tenant to appear. Both parties can present their cases during the hearing, and the judge will issue a ruling based on the evidence provided.

Judgment and Writ of Execution

If the judge rules against the tenant, a judgment is issued. The tenant may be ordered to pay back rent, damages, and court costs.

Following the decision, the landlord gets a "Writ of Execution." This document authorizes the sheriff to remove the tenant from the Gresham property if they fail to vacate voluntarily.

Sheriff's Eviction

The sheriff will deliver the writ to the tenant, who will have four days to vacate the premises. If the tenant does not leave, the sheriff will forcibly remove them, allowing the landlord to change the locks and reclaim the property.

Get Ahead with Kerr Properties: Your Go-To Property Management Company!

Understanding evictions in Gresham, OR, is crucial for landlords. You can navigate this challenging situation by familiarizing yourself with the reasons for eviction, the necessary notices, and the legal procedures involved.

Are you tired of the stress and high costs of evicting a tenant? With over 38 years of experience, our cost-effective Eviction Protection program shields you from the headaches and expenses typically involved. We can potentially save you $300 to $1000+.

We manage everything from serving notices to recovering rents and possession of your Gresham property. Contact Kerr Properties Inc. today for expert help and legal protection.