Tenant moved out early, do I have to give notice to enter?

[Brandon Harris]

Hello,

Do I have to give notice to enter a rental if the tenant has moved out, but the lease hasn't ended?

I have a tenant with a lease ending 8/31. She emailed saying that she cleaned, she left the keys, garage door opener, etc. at the house, and she isn't planning on going back. 

I'd like to go an make sure everything is actually locked, do the final inspection, and start on turning the property. Do I have to give 24 hours notice still since she no longer lives there and has said she isn't planning on occupying it? I couldn't find anything specific in the ORS.

Thank you for any help you can provide.

[Sergey A. Petrov]

You have (had) a great tenant. The keys have been turned in, the tenant said they were done and you should work on your next steps. I’d probably go sooner than later to avoid “when I left everything was perfect. I don’t know why there are so many issues there now since we did not even keys or access to the property”

[Isaac S.]

She emailed you her final termination of tenancy and returned the keys, I would say that you would be operating in the spirit of the law to consider the unit "vacant" as of the receipt of her email.

I am not a lawyer, nor am I familiar with the specifics of your area of operation.

[Brandon Harris]

@Sergey A. Petrov That's partially what I was thinking too. She has been really responsible so I don't think she would leave any problems intentionally, but there could always be an accident like a faucet left on or a door left unlocked.

@Isaac S. I'm thinking along the same lines as you. My fear is the devil is in the details. Oregon has become much stricter with rental laws that I don't want to violate anything because they may still be considered occupying it. 

[Brandon Harris]

Took some digging. I believe I am ok to enter.

For the purposes of this chapter, delivery of possession occurs:

(1)

From the landlord to the tenant, when the landlord gives actual notice to the tenant that the tenant has the right under a rental agreement to occupy the dwelling unit to the exclusion of others. The right to occupy may be implied by actions such as the landlord’s delivery of the keys to the dwelling unit; and

(2)

From the tenant to the landlord at the termination of the tenancy, when:

(a)

The tenant gives actual notice to the landlord that the tenant has relinquished any right to occupy the dwelling unit to the exclusion of others. Relinquishment of the right to occupy may be implied by actions such as the tenant’s return of the keys to the dwelling unit;

(b)

After the expiration date of an outstanding termination of tenancy notice or the end of a term tenancy, the landlord reasonably believes under all the circumstances that the tenant has relinquished or no longer claims the right to occupy the dwelling unit to the exclusion of others; or

(c)

The landlord reasonably knows of the tenant’s abandonment of the dwelling unit. [1995 c.559 §9; 1999 c.603 §8]

[Nathan Gesner]

Quote from @Brandon Harris:

No. Her email is sufficient evidence of written termination. The rental is yours to possess.

[Bud Gaffney]

@Brandon Harris yes you can go in.