Oregon: Got a public safety violation for our tenant's trash.

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Oregon: Got a public safety violation for our tenant's trash.

Ellie Narie
Investor · Ashland, OR · Member since 2018 · 202 posts · 38 votes

We're going to be filing for an eviction shortly because this is a problematic tenant. 

Anyway, the problem is, we just got a public safety violation notice because the tenant left a whole bunch of stuff on their driveway, and it has been there for a while (a few weeks). The tenant is still living there, and knows very well that they left trash out, and doesn't do anything about it. 

Now that we got a public safety violation, we've been given a deadline by which to remove the trash. 

Are we legally allowed to throw away the tenant's trash now? In Oregon, you're technically not supposed to touch any of the tenant's stuff and could get in trouble for it. But now that it's a public safety concern, can we legally remove all the trash they left out on their driveway? 

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    5y

    It was not clear from your note if this is really garbage that has just been put in the wrong place or if this is a bunch of crappy possessions that the tenant left all over the driveway.

    I'd probably contact the tenant (with a good paper trail) letting them know the city has cited THEM for the violation.  If they do not clean it up, you will have it cleaned and charge their account for the costs.

    At least if there is a dispute later, you can point to the city calling it "trash" and that you communicated this to the resident with time for them to save anything they wanted.

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  • Jerry Holt
    Specialist · Portland, OR · Member since 2015 · 1k+ posts · 231 votes
    5y

    The violation you are describing is essentially a code violation. From my experience in sourcing code violation cases from different areas of the country I can tell you that if the situation isn't remedied and it escalates the fines and liens will be levied against you the homeowner - not the tenant. Hopefully you can gain access and get the property cleaned up.

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  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    Given its Oregon I would contact an attorney before doing anything 

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  • Brad HammondBusiness Member
    Real Estate Agent · Portland, OR · Member since 2016 · 1k+ posts · 605 votes
    5y

    Hey @Ellie Narie, the worst-case scenario is you would need to clean up the trash and hold on to it for 30 days.  If you need to hire someone to haul it and rent a storage area, you might be able to charge them for it (if you think they would pay).  That would be your safest option but like what @Mary M. said, talk with an attorney or the city first.  

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  • Ellie Narie
    OP
    Investor · Ashland, OR · Member since 2018 · 202 posts · 38 votes
    5y
    Originally posted by @Brad Hammond:

    Hey @Ellie Narie, the worst-case scenario is you would need to clean up the trash and hold on to it for 30 days.  If you need to hire someone to haul it and rent a storage area, you might be able to charge them for it (if you think they would pay).  That would be your safest option but like what @Mary M. said, talk with an attorney or the city first.  

    They're not gonna pay for it, they already owe rent that they're not going to pay. And they caused damage to the unit which will most likely exceed their deposit. Should I just wait for public safety to remove it, in case we can't evict the tenants by the deadline? They have a 20% admin fee added on, but at least then I won't be held liable for their items. Public safety stated that the items will be removed if I don't remove by the deadline. I guess I don't mind that... I don't know if there any nuances to this?

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  • Brad HammondBusiness Member
    Real Estate Agent · Portland, OR · Member since 2016 · 1k+ posts · 605 votes
    5y

    It wouldn't be a bad idea to have the city remove everything, that way you are not liable.  I'm sure that you will be issued a fine for it but it might be worth it to avoid any hassle.  Just make sure your tenant is aware they are coming. 

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  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    @Ellie Narie have you asked the tenants to apply for rent payment funding? this is a good way to show you are trying to be a good housing provider when/if you go in front of a judge....  and, pls do get yourself an atty....  they are really important at this time. 

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Brad Hammond:

    Hey @Ellie Narie, the worst-case scenario is you would need to clean up the trash and hold on to it for 30 days.  If you need to hire someone to haul it and rent a storage area, you might be able to charge them for it (if you think they would pay).  That would be your safest option but like what @Mary M. said, talk with an attorney or the city first. 

    Myself I haul it off to the dump end of discussion..  ( with a warning first of course)  and maybe in Portland proper one becomes paranoid but in Medford GP area NOPE just haul the crap to the dump is what i would do..

    Of course do not do as I say   I am just saying what i would do.. its just like when i owned a storage facility.. when they abandoned those units I just hauled it all the dump.. but again dont do as I say..  just saying what i do..

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