Tenant doesn't want to pay the rent, and she refuses to leave. How can I retake my property back.?

I have a second home that I use it as a renting one. My Tenant has been there for 7 months and everything is good til 2 months ago, when she said, she doesn't have money to pay me for this month neither for this present month. She refuses to leave the property and I need to rent it to someone else. What can I do? My income is not enough to pay for my current home and now for the rented one. I was thinking to enter the property and change the locks so she can't get in. I don't know, please help. I live in Oregon

here is your law...

90.394 Termination of rental agreement for failure to pay rent. The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.105 to 105.168, as follows:

(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hoursâ€™ written notice of nonpayment and the landlordâ€™s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:

(a) At least 72 hoursâ€™ written notice of nonpayment and the landlordâ€™s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or

(b) At least 144 hoursâ€™ written notice of nonpayment and the landlordâ€™s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.

(4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless:

(a) The notice is served on the tenant:

(A) By personal delivery as provided in ORS 90.155 (1)(a); or

(B) By first class mail and attachment as provided in ORS 90.155 (1)(c);

(b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and

(c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 Â§8]

You should be able to get them out in 3 days if you serve them propertly. You have to follow these laws as well. First you need to serve them. The sheriff will show up and kick them out, and when I say kick them out they will force them out. Dont change the locks you have no right. For non payment of rent in your state is 72 hours. The police will get rid of them.

These are your statues. To me it looks pretty easy.

http://www.leg.state.or.us/ors/090.html (You want to be looking at this one 90.394 Termination of rental agreement for failure to pay rent.)

http://www.leg.state.or.us/ors/105.html (read ORS 105.105 to 105.168)

You should be able to get them out in 3 days.

It may be illegal for you to change the locks, so don't do that without contacting an attorney. You will need to evict this tenant to get them out of the property. You may also be able to do the eviction without an attorney, so check with the local housing department and/or clerk's office to see if that is an option in your area.

Good luck!

Each state has its own laws about how tenants may be evicted, and you need to know them before you act, or you could get yourself into serious legal trouble.

Call Legal Aid and one of the lawyers there should be able to tell you what it takes to remove this tenant without breaking the law.

Where I live, landlords can't change locks or remove property.

You need to evict this tenant without delay! Check out this website--it will be invaluable to keep you out of trouble. If this is the first time you ran across this problem I recommend that you hire a lawyer--it can save you a bunch of grief.

You can't retake the property forcibly.......you have to go through the steps.......you need to get an attorney to help.......gonna take months.........sorry..........it seems the tennants have all the rights and you have all the risks.....

When rent is more than 7 days overdue, you may give the tenant a written notice telling him or her that you intend to try to evict him or her if the rent is not paid within 72 hours. The notice must be in writing in a special legal form. It needs to explain the reason for termination, and it must be delivered personally to the tenant or mailed to the tenant by first class mail only. If a notice is mailed, you must add three days to the notice time. The legal form of the notice must be correct in all details in order to be enforced in court.

If the tenant ignores your notices and you want the tenant to move out, you must file an eviction complaint in court. The tenant will be properly served with a summons and complaint. There will be a hearing and possibly a trial where you can ask that the tenant be evicted. If the judge or jury agrees, you will be granted a judgment entitling you to possession of the property. If the tenant still does not move, you must pay the sheriff to come to the property to remove the tenant, and you must be responsible for temporarily storing any of the tenant's remaining property until you make reasonable efforts to give the belongings back and they become legally "abandoned". Rights regarding such situations are complicated, and getting legal advice is a good idea.

In PA you can't lock someone out no matter how much they owe without going through the courts. You need to start by giving her a 30 day notice, if she doesn't leave proceed with landlord/tenant court. It takes time, but you will get her out.

One thing I did is file for arrest warrant under grounds of Thief of services. Tell them you are calling the police and will sign the warrant yourself..

The police will not want to do that, but they have to let you get your property back. It is not that they can;t pay at this point, it is that they will not pay.

Any lawyer you talk to will draw this out 5-6 months just to make the money you will need to pay him..

Cannot change the locks in my state.. Self Help is not legal..

At the property management company I work for we just change the locks. If you own the property and can prove that to a locksmith, they'll change the lock for you. You'll have to leave notice for the tenant of the fact and let them back in at a set time to get their things but after that, it's empty and you can re-rent it.

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