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Unauthorized Tenants
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pat
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Joined: Fri Jul 28th, 2006
Location: Englewood, Colorado USA
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 Posted: Tue Aug 29th, 2006 03:14 am
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If these people were living in the apartment with the legal tenant and have not vacated, keep the tenants deposit.  Tenant is responsible for their actions once they have been "invited over".  If they paid her rent, they/she, not you, can take them to small claims court.  I would address the letter to tenant and "All Occupants".  But file for possession quickly.  the longer you wait, the more likely it is to be considered "accepted".  Pat

halds
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Joined: Mon Jun 26th, 2006
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 Posted: Mon Aug 28th, 2006 01:38 am
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Im not sure how a John Doe summons would work?  I suppose you would have to accompany the marshal to show him/ her the person to deliver to? We can have an eviction summons mailed by certified mail, which would not be possible without the name.




Last edited on Mon Aug 28th, 2006 11:52 am by halds

halds
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 Posted: Mon Aug 28th, 2006 01:18 am
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even though they are unlawfully holding the property, you will still have to evict, but with only 24 hr notice.

I found the answer here:

http://laws.uslandlord.com/laws/orstatelaw.html

Causes of unlawful holding by force.

(1) Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of ORS 105.110 and 105.125:
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after it is due under the lease or agreement under which the tenant or person in possession holds, or to deliver possession of the premises after being in default on payment of rent for 10 days.

(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit as provided in ORS 105.120, or is holding contrary to any condition or covenant of the lease or is holding possession without any written lease or agreement.


(2) In the case of a dwelling unit to which ORS chapter 90 applies, the following are causes of unlawful holding by force within the meaning of ORS 105.110 and 105.125:
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within 72 hours or 144 hours, as the case may be, of the notice required by ORS 90.400 (2).
(b) When a rental agreement by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month or from week to week and remains in possession after a valid notice to quit as provided in ORS 105.120 (2), or is holding contrary to any valid condition or covenant of the rental agreement or ORS chapter 90.
........
Complaint; form.
(1) In an action pursuant to ORS 105.110 it is sufficient to state in the complaint:
(a) A description of the premises with convenient certainty;
(b) That the defendant is in possession of the premises;
(c) That the defendant entered upon the premises with force or unlawfully holds the premises with force; and
(d) That the plaintiff is entitled to the possession of the premises.
(2) The plaintiff may include, at the plaintiff's option, the defendant's social security number in the complaint, for the purpose of accuracy in tenant screening information. Nothing in this subsection shall be construed to require a tenant to have a social security number in order to enter into a rental agreement.
(3) In the case of a dwelling unit to which ORS chapter 90 applies:
(a) The complaint shall be in substantially the following form and shall be available from the court clerk:
___________________________________________________________________
            IN THE _______ COURT FOR THE COUNTY OF _______
                                 No. ____
(Landlord), Plaintiff(s),
vs.
(Tenant), Defendant(s).
Defendant's Social Security Number _____ (Optional, not required, information for purposes of identification only.)
                COMPLAINT (Forcible Entry and Unlawful Detainer)
                                     I
Defendant(s) (is) (are) in possession of the following premises:
_______
_______ (city)
_______ (county)
                                    II
Defendant(s) (entered upon the premises with force) (are/is unlawfully holding the premises with force).
                                    III
Plaintiff(s) (is) (are) entitled to possession of the premises, because:
____ 24-hour notice (personal injury)
____ 24-hour notice (substantial damage)
____ 48-hour or 24-hour notice (drug or alcohol program of recovery violation)
____ 24-hour notice (extremely outrageous act)
____ 24-hour notice (unlawful occupant)
____ 24-hour notice (employee termination)
____ 72-hour notice (nonpayment of rent)
____ 144-hour notice (nonpayment of rent)
____ 10-day or 20-day notice (repeat violation)
____ 10-day notice (pet violation)
_____ 7-day notice (week-to-wee tenancy-cause)
____ 10-day notice (week-to-week tenancy)
____ 30-day notice (month-to-month tenancy)
____ 30-day notice (cause)
____ Other notice
____ No notice
ATTACH A COPY OF THE NOTICE RELIED ON TO THE COMPLAINT
IVPlaintiff(s) may be entitled as the prevailing party to recover attorney fees from defendant(s) if plaintiff(s) (obtains) (obtain) legal services to prosecute this action and if defendant(s) (contests) (contest) this action, pursuant to ORS 90.255 and 105.137 (3). Wherefore, plaintiff(s) (prays) (pray) for possession of the premises, costs and disbursements and attorney fees, if applicable, or a prevailing party fee.
_________
Plaintiff(s).
___________________________________________________________________
(b) The complaint shall be signed by the plaintiff or an attorney representing the plaintiff as provided by ORCP 17 or verified by an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff. Chap. 105, §105.125
[Amended by 1975 c.256 s.9; 1981 c.753 s.7; 1993 c.369 s.16; 1995 c.559 s.47; 1997 c.577 s.32]
nd the answer here:


Last edited on Mon Aug 28th, 2006 11:52 am by halds

Mjohnson096
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 Posted: Mon Aug 28th, 2006 12:40 am
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The legal tenant has given her 24 hour notice to vacate the apartment and handed her apartment and all its belongings and possessions over to the BerryRidge Apartments. According to Oregon State Legislature Chapter 90.403 the landlord can legally take possession of a premesis from and unauthorized possessor if:

- the tenant has vacted the premises

- the rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord;

- the landlord has not knowingly accepted rent from the person in possession of the premises.

- Service under this notice under this section does not create a right of tenancy for the person in possession of the premises.

 

Our 24 hour notice states that Pursuant to Oregon Landlord/Tenant law, this is to notify you:

- That the legal resident has vacated the premises;

- That the person(s) in possession is (are) holding possession contrary to a written rental agreement that prohibits subleasing the premises to another or allowing another person(s) to occupy the premises without the written permission of the landlord; and

- the landlord has not knowingly accepted rent from the person(s) in possession.

 

 

And yet still we can do nothing??? How do you evict someone when the tenant has already moved out? Not to mention Oregon doesn't recognize squatters.

VikingNed
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Joined: Sun Aug 27th, 2006
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 Posted: Mon Aug 28th, 2006 12:32 am
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halds,

        Even though the question wasn't mine ( I did just post my very first post on the thread before this one) I found your answer to be informative and helpfull..

 

       One thing though, we must be from different States with different laws, I'm in CT. and I  am in the process of evicting someone now.  Not only did that person tell me he wasn't going to pay rent but he also told me he wouldn't tell me his name when asked.....I told this to the court and sheriff and I was informed just to put Mr.John Doe on the summons.....

      Maybe because of the fact, he is the one and only person living in the apartment..

 

            Thanks for the read...

halds
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Joined: Mon Jun 26th, 2006
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 Posted: Mon Aug 28th, 2006 12:15 am
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How did they get into the apartment?  The legal tenat who is housing them should be treatened with eviction if they do not move out.  It is their problem for letting them in, they can get rid of them or face eviction. that may sound harsh, but there is little other recourse.

If they claim to be considered a tenant fine, that then gives you the  legal muscle to formally evict them directly.  Eviction is the only way you can be certain of removing a person  from your property.  They have no rental agreement with you, so they are trespassing, and eviciton should be simple.  It does require effort to  go to the courthouse and file for eviction, there are some court fees, but the time and expense are well worth getting rid of squatters. Once evicted, a sherrif will come and escort them out with their belongings and you immediately change the locks.  To evict you will need to know their names for the eviction summons.




Mjohnson096
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Joined: Sun Aug 27th, 2006
Location:  
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 Posted: Sun Aug 27th, 2006 06:46 pm
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I have two unauthorized tenants residing in a resident's apartment. She has told them to leave multiple times as have our staff. I was told that after two weeks of residing in a home over night with personal belongings you are considered a tenant, but I have also heard an opposing story. I want to get rid of these people.


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