Tenant left stuff, kept our key, and failed to return calls/ emails

It has been 18 days since the tenant has left the property. She left messes everywhere inside and out, left some of her belongings, still has our key, and has not paid our last months rent. She has failed to return our calls, emails, and texts. Below is a letter i am sending out tomorrow. But before i do i want to know if we have a leg to stand on in court (if it comes down to that).

Dear Tenant,
This letter is to inform you of the agreement that we had, that has not been fulfilled. Per our rental agreement, rent is due on the 10th of every month. Oregon State Law states (oregon rental law) that a rental agreement does not have to be in writing except in mobile parks and Government subsidized homing. That of which the property was neither. Oregon State Law also states that when moving out the tenant must give written notice at least 30 days before moving out. And that you still have to pay for the 30 days after you give landlord notice. The law also states that you should clean your place, remove your possessions, and haul away your garbage when you move out. That’s was also not done.

The damages and mess found after your occupancy have resulted in this letter. According to your lease agreement you are responsible for monthly rent ($150) that which was not paid for the month of February. On February 3, 2011 you stated you were moving out that night. You did not give proper notice to your leaving. That night around 5:00 PM your Father and yourself packed up most of your stuff. Lisa came in to ask you about the rent, and you stated “I get paid on the 10th” she asked if you needed any help you said “No we pretty much have it covered.” You left shortly after that, and Lisa went in to see the room and it was left in a mess, with shavings, dirt, and garbage on the ground, pictures still pinned to walls, and personal belongings strewn about the room and also left in the house. That night you also texted Lisa stating at 5:39PM ”Don’t worry ill be back” and reassuring your text with following from you at 6:51 PM ”No, I gotta go take care of KO. I am gonna come over Saturday (February 5th, 2011) so I can pick up poop too.” Lisa attempted to call you and left you a voicemail asking when you would be there on Saturday to accommodate for a family visit that was happening on the property. You did not respond. That was the last Lisa spoke with you. Saturday came and went with no word from you. On February 10th, 2011, when Lisa and Jason were expecting you to come pay rent and return their key and pick up the rest of your belongings you failed to answer the calls and the instant messages from Lisa. Jason called and you ignored, and then he texted you asking “When were you going to come return our key” you stated the 18th. The 18th has come and gone and we have not received our Rent payment, Key, and we are still holding your belongings.

The following is a list of your belongings:

• Vacuum
• 2 boxes sealed (unknown contents)
• 2 camping chairs
• one wall mirror
• one mosaic wood picture
• one lamp
• one crock pot
• garbage can - filled with misc. items
• one box filled with item left in the house (bathroom & kitchen items, etc)

The following is a list of items that are still on our property outside that need to be disposed of properly:

• 2 plastic garbage bags
• 1 foam mattress pad
• beer cans
• cigarettes butts
• dog toys & dog waste

The following is a list of disorder in which you left the property:

• Shavings (rabbit cage)
• Spray from the male rabbit on walls (these have been cleaned due to health concerns for baby)
• nails, push pins, and screws throughout walls (these have been taken out and placed with the rest of your belongings)
• filth, dirt and garbage left on floors (floors have been swept and cleaned due to sanitary needs)
• boxes
• personal items throughout house that have been compiled and put with the rest of your belongings are:

o Vacuum
o toothbrush
o shampoo, body wash, soap, loofa
o shot glasses
o martini maker
o camping chairs
o mirror
o picture
o crock-pot

As of February 22, 2011 you have not paid the rent for $150 for the month of February and have not returned the key to the property. If you do not remove your personal belongings, return the key to the property, and pay the past due rent of $150, by March 10th, which meets the legal 15 day requirement we must give you according to the Oregon State Law, we will be forced to take legal action and sue you for the following:

• Rent of $150.00
• Removal of trash outside the property (Metro 2001 Washington St., Oregon City, OR 97045)
o Dump Fee: $33
o Mileage: $0.50/ mile at 19 miles is $9.50
• Cost of changing the locks
o 3 Doors - $189/door (this includes labor and equipment installation [bid from Time for Change Construction LLC 2/21/11])

That is a base settlement amount of $759.50, if this must go to court then legal and courtroom fees will be added to that. On top of that, we will be keeping your personal items and selling them to re-coop some of our loss.

[AFFA]

I wish to inform you that you may send the letter through certified mail and keep receipt as evidence of your letter. You may file an eviction suit if your tenant does not pay rent or for abandonment if tenant has left things.

AFF

[bobmartins69]

Hey instead of writing in this mail, I feel you should take this matter up with high authorities as it wont get settled down. You should complain about your tenant.

I have sent the letter on 2/22/11 as stated. What should I do next and eviction notice or abandenment notice? (that is if she does not responed to us by 3/10) I am not sure what each notice means, i am trying to find information but it is very generic...Can you help?
Thank you,
Lisa