Giving a tenant “the boot”
- Christian Bryant
- Apr 1
- 3 min read
Are you considering ending your rental agreement with your tenants? It's essential to understand the proper steps to take, the notice period required, and how to handle the situation delicately to prevent any potential damage to your property. You may be wondering: How much notice should you provide? Is it possible to communicate effectively with your tenants without causing distress? Can you approach their door for a conversation?
The first step is determining the appropriate notice period based on the reason for termination. If you are issuing a no-cause notice to vacate, you can provide a 30-day notice for tenants who have lived in the property for less than 12 months, and a 90-day notice for those who have resided there for more than 12 months; and it is 90-days for Portland at all times. In cases of non-payment of rent, you can issue a 10-day notice on the 8th day of the month (assuming rent is due on the 1st), giving tenants 10 days to either pay their rent or vacate. If a tenant poses a threat to your safety or violates the law, you may issue a 24-hour eviction notice, but ensure you can substantiate the violation. For other lease violations, a 14/30 notice can be given, allowing tenants 14 days to rectify the issue or 30 days to vacate.
If your tenants have not yet become hostile, it is advisable to call or meet with them personally when delivering the notice. Engaging in a conversation can facilitate a smoother transition for both parties. Remember, you have the legal right to conduct a “knock and talk,” which involves approaching the front door without prior notice to discuss the situation with your tenants. However, be cautious to remain on the designated path to the door, avoid peering into windows, and refrain from wandering around the property without notice. During your conversation, communicate that you have no choice but to post this notice, but if they vacate before the notice period ends or before the initial eviction hearing, you will drop the eviction process. In fact, 90% of our evictions conclude positively through this approach.
This strategy ensures that you achieve your goal of having the tenant vacate without further complications, ideally sooner than if they choose to contest the eviction. Tenants also benefit from avoiding an eviction record, which could hinder their ability to rent in the future or result in higher security deposits.
It’s crucial to have this conversation while still posting the necessary notice, as this preserves your right to proceed with eviction if they do not comply. Many landlords have encountered empty promises and sob stories. By posting the notice and informing them that an eviction will not appear on their record if they follow through, you place the responsibility on them. If they fail to comply, you will not have lost any time and can initiate eviction proceedings promptly.
The eviction process resembles receiving a traffic ticket, beginning with an initial hearing to explore possible agreements, followed by a trial if no resolution is reached. The optimal outcome is to secure an agreement during the initial hearing, as this becomes part of the judge's ruling. By entering this agreement with the court, tenants waive their right to a trial. Should they fail to adhere to the agreement, you can file paperwork at the courthouse to obtain your FED judgment. If part of the agreement allows tenants to remain in the property, you can stipulate that they must pay rent on time, with most judges permitting this requirement for up to six months. This addition is advantageous, as it allows you to bypass the hearing and trial, enabling eviction for any violations of the stipulated agreement.
Lastly, always maintain a professional demeanor. Remember, even though tenants reside in your property, this is strictly a business transaction. Avoid engaging in arguments and focus on the facts. Your primary goal is to regain possession of your property swiftly and with minimal damage. Be prepared to offer concessions, such as dropping the eviction case, if it encourages tenants to vacate sooner and without conflict.
Wishing you success with your upcoming eviction!
Christian Bryant
President
NWRPM - NorthWest Real Estate & Property Management
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