If my tenant gave me his 30 day notice which were up yesterday but hasn’t gotten all of his stuff out yet, can I enter the unit and remove it?

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If my tenant gave me his 30 day notice which were up yesterday but hasn’t gotten all of his stuff out yet, can I enter the unit and remove it?

He did a lot of talking about getting all his stuff out but never did. He got a lot of it out but I think all that he left he does not want. Every time I call and ask when he’s going to get it out, he gives me a date and time but never shows. He has not been living in it for about 3 weeks now. They don’t live there but have a lot of stuff still in there and in the backyard. Can I put it all in a storage unit and tell them where its at? What are my options? Do I now have to go through the courts? Should I call and ask him if I can get rid of all the remaining stuff of his?

Asked on October 12, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country a landlord cannot use self help to evict a tenant who may be slow in getting his or her belongings out of the rental as in your case. I suggest that you write the former tenant a letter stating that until the items left behind are moved he or she will continue to be charged rent. Keep a copy of the letter for future use and need.

One option is to place the items in storage and advise the former tenant where the belongings are.


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