We live in multnomah county.
2007-01-14 15:31:44 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
YES----BECAUSE OF LANDLORD--LEASEE LAWS
2007-01-14 15:37:11 · answer #1 · answered by Dave F 4 · 1⤊ 0⤋
First if you want to be CERTAIN contact a lawyer or possibly your local court or magistrate (or any local official).
Second, your answer is going to depend a lot on what you mean "go to court" and "evict." If you they refuse to leave and you want to force them out, you will have to go through some red tape, possibly including judges, sherrifs, and others. However, you probably will not have to go to trial, or even hire a lawyer (although they always help). Just about all of this is assumeing things go smoothly, they don't try to get in a legal battle, and you have all the documentation and proof required to get things done. There a TONS of ways this could change.
The long and short is in general, you do not always HAVE to go to trial in order to get an eviction, but you MIGHT. Either way, you'll have to deal with the court system. One of the above posters was also right when they said that although you may own the land, condo or whatever, they have rights to it as well, and you need to be careful not to do anything (such as force your way in without an officer and a judge order, or changing the locks) that may slow the process down for you. Landlords will do it, but the tennant CAN fight back.
Safe bet: Call a lawyer. Most will hear you out and tell you how much they'll cost for free.
2007-01-15 00:00:03 · answer #2 · answered by govnathan 3 · 0⤊ 0⤋
No, it depends on your lease agreemnet and on your tenants. Call up your local Small Claims Court in your state and ask them how to do it and obtain an eviction notice or depending on your state fill out a small claims form-ya might be able to get a judgement (Civil- fun tring to collect). More than likely you go to the county clerks office and obtain a form and have in noterized and serve your tenant yourself....but be nice...and remember though they rent it is their place....not yours....so ya best have good reason to evict and document it or in Small Claims Court...it piece of cake actual and it should be designed that a dummy could do it just ask and them government officials while assist you as they get payed for doing very little work anyway.
2007-01-14 23:46:38 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Yes, if you like structure, covering your butts with a papertrail, which you always should, My parents owned property you need to call your district or circuit court, there are circumstances that need to be met but yes court is what needs to take place for it to be legal and for you not to suffer any legal backlash, like these tenants calling social services, fair housing etc.. other wise you guys are facing alot of sleepless nights, a few to many glasses of wine and conflict in your daily lifestyle. In any state to my knowlegde you it is mandatory to file state paperwork for eviction
PS: if no one on this blog gives you a sastisfactory answer, call an attorney who handles real estate and contract law, in all honesty some will consult with you for free rather than this type of approach
2007-01-14 23:47:51 · answer #4 · answered by defenseonly 3 · 0⤊ 0⤋
Yes you have to go to court. The eviction must be served. And from there they have a certain amount of time to vacate or you must go back to court again. And again they are given time. If not gone after the 2nd round...they are removed
2007-01-14 23:35:38 · answer #5 · answered by bluebettalady 4 · 1⤊ 0⤋
No if you are the owner of the property you can if you wish depending on your lease contract and the laws of your county and state give them notice of eviction 30,60 or 90 days depending on the laws which vary from area to area and if the person owes you money and has not as of yet paid you if anything of value remains in the property grounds it may be retained until payment is rendered as i said before the laws vary... seek legal council for specific answers applied to your situation and area...
2007-01-14 23:43:19 · answer #6 · answered by no one here gets out alive 6 · 0⤊ 1⤋
You could use more than one definition for 'evict'. You could tell them to go and if they left, you could say you evicted them. However, if you tell them to go and they refuse to go, then you have to go to court in order to get an eviction which the Sheriff will enforce.
2007-01-14 23:38:03 · answer #7 · answered by plezurgui 6 · 0⤊ 0⤋
Yes
2007-01-14 23:35:51 · answer #8 · answered by Urchin 6 · 1⤊ 0⤋