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Question: In the state of oregon, can tenants be evicted because of a child crying during legal quiet hours?

(Posted by: Morbid_nuggett on 2010-07-12 18:51:34)

OK, so my son wakes up frequently in the middle of the night still, but he just recently woke up in the middle of the night screaming. We just got a notice on our door telling us that the police (who we haven't seen site nor sound of) have been summoned twice because of noise complaints and that if the noise does not stop immediately that they are gonna give a 30 day eviction notice... now in the state of Oregon the Legal Quiet hours are between 10PM and 7AM. Can they serve us a eviction notice for this?

Posted by: Prorkycake on 2010-07-13, 07:22:31

This is dependent on your lease. Re-read your lease and see what it states regarding noise complaints. It has been my experience that this scenario is more than legal. You can be evicted for excessive noise. Almost every lease I've ever signed has a clause about legal quiet hours, how many disruptions are allowed, and specifically states that you can be evicted. Again, this is from my personal experience. My suggestion to you is to dispute the noise complaints you have now in a civil and non-threatening manner. Bring the notice to the office/ landlord and ask to see the police report. Let them know that you've never been contacted by the police or have ever spoken to an officer checking up on the noise. Ask to see documentation of the complaints, and/ or police calls since you've never been visited by the law. Then, go home, write a letter documenting your conversation and the outcome, and send it to them certified mail with return receipt so that you have proof of what took place in the conversation, and what they told you. Other than making sure that you have your story out there, there is nothing else you can do. If the lease specifically has a noise clause stating you can be evicted, that is their right as the property owners.