Is marijuana use considered "outrageous in the extreme" in Oregon for 24-hour tenant eviction?
Occassionally, I smell someone smoking a joint on a particular floor in our apartment building. I really don't care if someone uses marijuana, but we're a no smoking building. It's also just disgusting to have that stank in the hallway.
In Oregon, I can post a warning and then a 10-day termination if the tenant refuses to comply. However, according to ORS 90.396(f), I could immediately terminate with a 24-hour notice due to an act that is "outrageous in the extreme" which includes possession of a controlled substance. Since the tenant is so blantant with their pot use, I doubt they care and will just drag-out the eviction process. Has anyone heard of a 24-hour "outrageous in the extreme" eviction being used for pot use?
gozawest2008-02-05T09:54:17Z
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Im a home owner and I had the same problem with a tennant in my case i would report it to the owner of the building, breaking the law is breaking the law, In my case I went to my tennant and gave him the choice to leave in 30 days or let the cops decide what should we do with this situation, He's gone and my house is marihuana (an God jknows what else) free.
Oregon is a medical marijuana state. Before you go evicting someone, better find out if their use is legal for medical purposes. If so, you might be in legal limbo for denying then the right to take their medicine. I'd suggest perhaps talking to them first to see if there's not something to be done to address the smell.
as a LL, I would not tolerate any use of any drug that is illegal, and be prompt about getting them out. the cost it can bring is greater if the cops get involved and he's dealing too. in some cases the law can seize property for illegal use of drugs and the damage they do in a raid is tremendous in comparison to to the eviction. If you have a no-smoking in place in your rental agreement, that is also a covenant that has been broken and you can evict on that along. I will attempt to read the Ore's statute and use that defense in my next eviction if it comes up. Make your report to the police about the use and leave a paper trail so you cover your butt, for court purposes.
Pretend to ignore him and not care but send a letter to the police or call the police anonymously and give a sneaky tip-off, tell them that you have heard that there is a smell of crystal meth coming from the room that often has young children visiting - on top of this the weed smells confirm the rampant rumors that he is a crack, meth and weed dealer.
The police dare not ignore the good will citizen report and will bust him for at least the weed and maybe more and it was nothing to do with you whatsoever :)
Better still post his name and address here on Yahoo and then I will order the Feds to get this guy that is probably supplying drugs to people with ties to terrorist organisations! Damn it let me know who this traitor is and I will drive the genetic misfit to Timbuktoo - address please!! details on the web now - that is if you care about America and her future and her childrens future!
If you do not reveal full details of this degenerate druggy then you too are guilty of allowing him to fester and poison the Oregan good vibes.
Co-incidental supergrass Karma advice to clean Oregan of these weed puffing kiddy fiddling homo terrorist supporters NOW!
Better still take a picture of this evil person and post it on the web, use your zoom lens to expose this sick excuse for a human.