Keeping Good Tenants and Getting Paid

Does this sound familiar? You have a tenant who passed your application process, but now has not paid rent for two

months. He says that he was laid off from his job, but is starting a new one and that his mother has agreed to help him catch up. You don’t necessarily want to evict him, but this obviously can’t continue. However, there is a chance that you can give this tenant an opportunity to get caught up, yet still protect your interests.

First Step

The first step is to give the tenant a 10-day rent nonpayment notice. If the tenant pays the rent, then life goes on and the tenancy continues. If not, you can file an eviction case at your county courthouse. The court clerk will have several “check the box” forms that you can use to file an eviction – but be sure to bring along several copies of the 10-day notice that you will need to attach to the eviction complaint. After you file the paperwork and pay the filing fee, you can have the sheriff serve the eviction summons and complaint.

The court will set a “1st appearance hearing” when you file the eviction. Both sides need to show up at this hearing. If the tenant doesn’t appear, then you win automatically and get a judgment entitling you to an eviction by the sheriff. If the tenant does show up, you will get a chance to negotiate a “stay and pay” agreement that the court will sign as an enforceable court order.

Under Oregon law, court payment agreements can include: (1) Past due rent, utilities, late fees, and other past due charges, (2) payment of future rent for three months following the date of the agreement on specified dates each month, and (3) payment of court costs and attorney fees if agreed by the tenant. The payment agreement can extend for up to six months for past due amounts and attorney fees/court costs, with payments made at monthly intervals or any other payment schedule written into the agreement.

If the tenant complies with the payment terms, the tenancy continues. If the tenant misses any payment, then you will file a “declaration of noncompliance” with the court and finish the eviction process. These “stay and pay” agreements are useful for both tenants and landlords. As a landlord, they give you an opportunity to keep good tenants that may have temporarily fallen on hard times, but also keep your eviction options open for noncomplying tenants.