How long do I have to wait until I can remove a tenant’sbelongings from a room that they rented?

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How long do I have to wait until I can remove a tenant’sbelongings from a room that they rented?

Has not paid rent in 2 months. In writing has stated that he was moving out on the first of the month after being ask to leave. He then left with all of his clothing and has been gone for a week. The date for him to move out has come and gone and the only way that I could reach him was by his cell phone, which is now disconnected.

Asked on March 2, 2011 under Real Estate Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Landlord tenant law, more than many other areas of the law, can be very area specific as to the rights and liabilities of the parties.    The fact that he has relinquished his tenancy in writing is a big plus to you.  But generally speaking, you can not touch his stuff without an eviction order and an order allowing you to gain repossession of the premises - I know: it is only a room in your house, but they still paid rent.  Seek some help on this.  You may want to formally evict them and get a judgement for the money owed.  It can't really hurt you.  Then you can get the Sheriff to take the things and out them on the sidewalk.  Good luck.


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