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All Forum Posts by: Ellie Narie

Ellie Narie has started 94 posts and replied 200 times.

I'm looking for recommendations for a background/credit check website for tenant screenings, where I would be the one to pay for it, so it can be free to the tenants. Is it possible to check their background for all the states? I heard some states don't report it, so I'm curious if there's a way around that. 

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

Ellie NariePosted
  • Investor
  • Ashland, OR
  • Posts 201
  • Votes 36
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?

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? 

Post: Best way to evict a problematic tenant in Oregon?

Ellie NariePosted
  • Investor
  • Ashland, OR
  • Posts 201
  • Votes 36

Update: Just got a notice from the city that we (the owners) need to remove the trash by a certain date, because it's a public safety violation. 

I assume we are finally able to remove the tenant's trash legally? Are there any legal complications we could run into? 

I have some very problematic tenants. I already gave them quit notices and will be filing for an eviction soon. However, they keep leaving a pile of junk (boxes, furniture, etc) out on their driveway. Like, their whole driveway is literally their pile of junk, and it's all stacked. 

The problem is, their driveway is right next to the driveways of my other two tenants. And the pile of junk that the problematic tenants have left out makes it almost impossible for the other two tenants to get in their cars! 

This junk might also damage their cars, and it impedes into the driveways of the other tenants. 

Can I legally have this pile of junk removed immediately, without waiting for an eviction? In the state of Oregon. 

In my state, tenants can be terminated for "outrageous" acts by being given a 24 hour unconditional notice to quit. 

I just found out that my tenant has three unauthorized pets AND they left them all alone for a week in their unit, which caused the pets to defecate everywhere. I am curious if this warrants a 24 hour unconditional quit notice. This tenant is problematic and also has other lease violations right now, such as, the fact that they left their trash on the driveways of the nearby tenants. 

Post: "Land hacking" - buying land and selling all the trees?

Ellie NariePosted
  • Investor
  • Ashland, OR
  • Posts 201
  • Votes 36
Originally posted by @Cason Acor:

Not currently zoned for residential usage, so you won't be able to get a conventional loan. You also wouldn't be able to get a commercial loan because it's not an income producing property. You could try for a bridge/construction loan, otherwise you're going to have to pay cash.

  What would be the draw backs of this kind of deal, assuming I found a way to finance it (or paid cash)?  

Post: "Land hacking" - buying land and selling all the trees?

Ellie NariePosted
  • Investor
  • Ashland, OR
  • Posts 201
  • Votes 36

I have always wanted to own a large piece of land (20+ acres) and build a house on it. 

I've been looking at what lands are available for sale in my area. There's one piece of land that's over 100 acres, that is zoned as forest commercial and has about half a million board feet of estimated timber. The land is selling for 200k. 

So essentially, I could sell the timber for somewhere around 150k-200k, giving myself free or very cheap 100+ acres of land? There has to be a catch, right? I mean, I know I'd have to deal with zoning, but still... 100+ acres for $0-50k sounds way better than a small lot in the city for that same price.

Originally posted by @Nathan Gesner:

Based on what you're sharing, I wouldn't bother with trying to bring them into compliance. It will probably just kick the can down the road, stress you out, or exacerbate the problems.

If you state allows you to terminate with 30 days notice, just do that. If that doesn't work, start the eviction process.

Try to keep the notice short, factual, unemotional, and professional. Example:

Dear Renters,

Due to multiple lease violations and complaints from neighbors, we hereby notify you that your lease will terminate at midnight, August 15, 2021. We expect you to return the unit in the same condition it was received. Please leave the keys on the counter and call/text me at [NUMBER] so I can retrieve the keys and conduct the move-out inspection. I will also need a forwarding address to mail any refund of the deposit.

Best regards,

Landlord

I usually don't bother with listing the violations because they probably already know and will just try arguing anyway.

 Yeah, that's what I might end up doing. 

I have another question - would issuing them a 72 hour notice for non-payment somehow mess with the 30 day notice in any way? 

They haven't paid their rent, and it's the 8th day, so it's time to issue the 72 hour notice. However, Oregon has the safe harbor rule, which means they can apply for rental assistance and not get evicted for non-payment for 60 days. If the courts take a while to evict them, and if they submit the proof of application for rental assistance, would that somehow mess up my opportunity to send them a 30-day no cause? 

I'm curious, what are some of the reasons you decided to go with issuing a 30-day no cause notice in the state of Oregon (in the first year of someone's tenancy)? 

I have a problematic tenant who has lease violations, but I'm not sure how to go about providing adequate proof to the courts for an eviction. 

Would it be easier to issue a 30-day no cause notice? At least with a 30-day notice, there's nothing to prove, no issue or hassle. I've never evicted anyone before, and only bought this property a year ago.