Does a Text Count as Written Notice Oregon Family Law
Find out Oregon rules for how much discover you (and your landlord) must give each other to end a month-to-month tenancy.
Oregon has statewide rent command and tenant protection laws that govern how both landlords and tenants may terminate month-to-month tenancies. (Or. Rev. Stat. Ann. §§ 90.323, 90.427, 90.600 (2019).)
Discover Requirements for Oregon Landlords
In Oregon, the process for terminating a calendar month-to-month tenancy depends on how long the tenant has resided in the rental and whether or non the landlord has cause to finish.
Without Cause
Landlords may finish a calendar month-to-month tenancy without crusade only during the starting time year of occupancy. During the first year, the landlord tin can requite the tenant a 30-day detect to terminate. (Ore. Rev. Stat. § 90.427(3)(b).)
Afterward the starting time year, landlords must take cause as described past Oregon law (such as the tenant'due south violation of a lease term or the landlord's want to demolish the building). (Ore. Rev. Stat. § 90.427(3)(c).)
Additional discover time might be required for tenancies in Portland.
With Cause
If an Oregon landlord wishes to terminate the tenancy before the terminate of a term of the rental agreement or after the start yr of occupancy, the landlord must take legal cause. Legal cause is divers by Oregon police. The most common legal cause for eviction is the tenant'due south failure to pay rent. However, nether Oregon law, the landlord can too adios the tenant for violating the lease or rental agreement or committing an illegal human activity on the bounds of the rental unit (amongst other things). The blazon of notice depends on the reason for the termination.
- Failure to pay rent.
- 72 Hours' Detect to Pay Hire: On the eighth twenty-four hour period after rent is due and owing, the landlord can give the tenant 72 hours' written find to pay rent. This observe must inform the tenant that the landlord will end the tenancy unless the tenant pays hire inside the 72-hour period. (Ore. Rev. Stat. § 90.394(2)(a).) The notice must specify the amount of rent that must be paid and the appointment and time by which the tenant must pay the rent. (Ore. Rev. Stat. § ninety.394(3).) If the tenant does non pay rent, and so the landlord can go to court and file an eviction lawsuit confronting the tenant.
- 144 Hours' Notice to Pay Rent: On the fifth 24-hour interval after rent is due and attributable, the landlord can instead requite the tenant 144 hours' written notice to pay rent. This find must inform the tenant that the landlord will terminate the tenancy unless the tenant pays rent inside 144 hours of receiving the detect. (Ore. Rev. Stat. § xc.394(2)(b).) The notice must specify the corporeality of rent that must be paid and the date and fourth dimension by which the tenant must pay the rent. (Ore. Rev. Stat. § 90.394(3).) If the tenant doesn't pay, then the landlord can get to court and file an eviction lawsuit against the tenant.
- Other lease violations. If the tenant violates the rental agreement, and then the landlord tin give the tenant a 30-day notice to cure. This detect must: specify the violations, state that the tenancy will finish in no less than thirty days, and, if the violation tin can exist cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure. (Ore. Rev. Stat. § xc.392(3).) The designated appointment for the cure must be at least 14 days after delivery of the discover. If the tenant doesn't cure, so the rental agreement will end as provided in the notice. (Ore. Rev. Stat. § 90.392(4).) If the violation is one that'southward essentially the same as a previous violation the landlord has sent a notice to the tenant about within the previous vi months, the tenant does not have the right to cure. The landlord may give ten days' written find (just the second observe can't give a termination date that's earlier than the one stated in the get-go detect). (Ore. Rev. Stat. § 90.392(five).) If the tenant does not ready the violation (or doesn't accept the right to cure considering information technology'due south a 2d violation) so the landlord tin can go to court and file an eviction lawsuit against the tenant.
- Unconditional Quit Detect. In sure situations, the landlord tin can requite the tenant a 24-hour unconditional quit notice. Using this notice, the landlord will inform the tenant that because of the tenant's behavior, the landlord will be terminating the tenancy in 24 hours and filing an eviction lawsuit against the tenant. The tenant will accept no opportunity to correct the bad behavior. Oregon'south Revised Statutes section 90.396 lists specific behaviors and situations under which a landlord can serve an unconditional quit detect.
Notice Requirements for Oregon Tenants
Oregon tenants who want to become out of a calendar month-to-calendar month rental agreement must provide at least 30 days' written notice. One exception is if the landlord doesn't provide an exit from each bedroom in the unit, the tenant can requite the landlord a 72-hour notice. If the landlord fixes the problem in the 72 hours, the tenancy won't end. Nevertheless, if the landlord doesn't provide an exit, the tenant can motility out and recover two times any damages or two times the hire, whichever is greater. (Ore. Rev. Stat. § ninety.460.)
In some situations, you might exist able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.
Oregon State Police and Resources on Terminating a Month-to-Calendar month Tenancy
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