State Specific Question About: OREGON (OR)

We moved a tenant into a studio apartment on our rental property 17 days ago. We have gotten noise complaints from neighbors on 4 separate occasions already and he flooded the bathroom so bad that water leaked through the walls and into the garage below where it then ran across the entire garage floor and pooled near the door. Today was the 5th incident and the police were called at 9:30am. He seems to be doing drugs and then going through a painful withdrawal period where he is in agony and yells and screams things like "ouch" and "please make it stop" for hours. Today he was on his front porch screaming, yelling and trying to rip off the satellite dish so the neighbors called the police then called us to let us know. We arrived just after the police officers so we were able to talk to them before they left the property. They said when they arrived they witnessed his behavior and agreed it was worth a call to the police. They said based on his actions and demeanor he was definitely on some kind of drug, but there was no hard evidence of it that they saw so there was no action they could take.

We have wonderful tenants who live in a house on the same property as the studio. They told us this morning they do not feel safe with him living there.

The tenant is obligated to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors. Can we begin the eviction process based on the events listed above or do we have to give him a warning and the opportunity to remedy? I don't want to deal with this if we don't have to and would just like to get him out and move on to find someone else.

Thanks in advance for your help.

What sort of agreement do you have? Month to month -- or fixed term lease?

It may be easier to just terminate it without reason if it is a MTM (and that is allowed in your state/location).

If it is a lease, do you have any clause about disturbances and such?

Basically, if it is a MTM, just end it. If it is a lease, you need something that they are violating in the lease. So, what does it say about such things?

- John...

Plenty your instincts are right. I spoke to him tonight and explained to him what the neighbors are complaining about (previously we just said yelling and screaming). He said he has no memory of yelling and screaming things like ouch, stop and stop hurting me. When I told him the details, he immediately began to cry. He is adamant that he is sober, except for the medication his counselor/therapist prescribes him. He opened up to me and told me quite a bit about his past and that he was in therapy for things that have happened to him. He said his counselor has him doing some memory regression exercises that are bringing up all sorts of things for him that are difficult.

Hmm. If he's getting medication then perhaps the therapist is a psychiatrist? If he's having regression then perhaps the therapist is also a hypnotist. But if he's being hypnotized and then later acting like that, then it's not being done properly. Which doesn't help you with what to do.

Brendajo,

Your "mothering gland" is on overdrive and clouding your judgment. I sensed it coming then you confirmed it with

"he immediately began to cry" and

"I feel for him and wish I could remove this kind of pain and hurt from not just him, but the world." The WORLD?? I appreciate your heart but you are heading for serious trouble.

You are not his mother and you are not a trained counselor.

Your first job is to protect your business which means your other residents and your own personal safety.

Multiple police calls in only 17 days?!

This guy has real problems and you are not equipped to help him. Didn't this show up in your screening?

People don't make life changes until they are forced.

My lease is clear: police visits = eviction.

Start with the Happy Clause.

BRAD

Thanks everyone -- him staying on the property is not an option and never was. The realization that he was struggling with some serious issues, not just a loud and obnoxious tenant, only caused me to have more compassion for him not change my mind about letting him stay. I am also very aware that I cannot help him (nor do I want to). I have contacted an eviction attorney to make sure we do this the best way possible.

I can post updates here for those of you that are curious, but I have a clear plan on what to do next to get him out. Thanks again for your help and insights.

BrendaJo

Get a copy of the police report. Oregon allows eviction for outrageous behavior.

I'd tell him he has to go, just to see if he will leave without being evicted. If he doesn't understand that he needs to leave, then you have to take him to court.

I hope you aren't in Portland where you have to pay him relocation money.