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Oregon Eviction Notice Forms | Process and Laws

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The Oregon eviction notice forms are used in the event that a tenant is violating the terms of the lease or in the event landlord wants to end a month-to-month tenancy. It is very important that you serve the notice properly and wait the required amount of time before you file a complaint in court. Once the notice has been properly served and the requisite time period has past and tenant has failed to respond, at that point, the landlord may file a Residential Eviction Complaint and Summons in the Court Representing the County in Which the Property is Located.  Once the case has been filed, you must have the tenant served by the end of the day after you filed. If the court finds in the landlord’s favor, it will issue a Judgment and tenant will be obligated to move out.

LawsChapter 105 (Actions for Recovery of Real Property)

Guides

Table of Contents

Notices By Type

24-Hour Notice to Quit (Imminent Danger or Illegal Activity) – This notice may be served if the tenant is engaging in dangerous activities on the premises.

6-Day Notice to Quit (Non-Payment of Rent) – According to § 90.394 the landlord may not give this notice until the fifth (5th) day rent is late.

14/10-Day Notice to Quit (Non-Compliance) – Gives fourteen (14) days for the tenant to fix the noncompliance or vacate the property. If it’s the tenant’s second (2nd) violation in the last six (6) months of the same designation then the landlord has the option to cancel the lease by providing ten (10) days’ notice.

30-Day Notice to Quit (Month to Month Tenancy) – This notice is to alert a party of the intention not to renew a month-to-month tenancy.

When is Rent Due

Rent is due on the date specified in the lease, however, a landlord may not provide notice until a minimum of 5 days after rent is late and then tenant has 6 days to pay before landlord can proceed. According to § 90.260 the landlord may not begin charging late fees or give notice for non-payment until the 4th day and it is specified in the lease.

How to Evict (Process)

Step 1 – In Oregon, it is required to let the tenant know of the landlord’s intention to seek eviction and to wait the specified time period to give tenant a chance to move out or cure the issue. There are several types of notices, depending on the issue:

Step 2 – Once the requisite time period has elapsed and tenant has failed to respond to the notice provided by landlord, landlord may seek redress in the Circuit Court representing the county in which the property is located. In order to begin an eviction case, landlord must file a Residential Eviction Complaint and a Summons and pay a $79 fee. In addition, landlord must provide copies of the notice he delivered to tenant.

Step 3 – Once it has been filed, the court clerk will give you a copy of the summons and complaint to serve on tenant. The Tenant must be served by the end of the day after the day the complaint was filed. The tenant will have the right to submit an Answer Form (See Laws) and defend themselves.

Step 4 – The Court will set a date for a hearing and if tenant fails to show up or the court finds in favor of landlord, the court will issue a Judgment and the tenant will be obligated to move out.

How To Write (Notice To Quit)

1 – Consult the Lease

You will need to record some Lease information directly onto the Notice you intend delivered. Retrieve this paperwork

2 – Download the Oregon Notice To Quit

This form may be saved onto your computer by clicking on the PDF, ODT, or Word button below the file image.

3 – Name the Targeted Individual(s)

The Name of the targeted Recipient(s) of this paper work must be supplied on the first blank line of this document.

4 – Present Statements of Fact

The Lease will have the information required for the next two statements. Record the City, County, and Zip Code of the concerned Rented Property on the first three blank spaces in the first sentence. The next two blank areas of this sentence will require the Rented Property’s Building Number and Street and the Apartment Number (if applicable).

 

 

 

5. Identify the Notice

There are three types of Violation Notices provided on this document for a Landlord/Agent to choose from: Nonpayment, Noncompliance (1st Offense), Noncompliance (2nd Offense) and Immediate Danger or Illegal Activity. In addition to these choices, there are two Month To Month Tenancy Notices to choose from. If you are a Landlord or Agent, choose one of the first four statements to provide the required Notice. If you are a Tenant, you may only choose the last statement (designating the fifth check box).

The Nonpayment selection is the first check box. If the Tenant needs to be informed that he or she has Six Days to pay a delinquently Overdue Rent meant to cover a Period of Time that has been neglected then, mark this box. You must provide the Name of an alternate Agent to receive this Payment, the Total Amount Owed, and the Minimum Amount of Money to be paid. Also, you will need to enter the Month and Year for the start and end of the overdue Rental Period the Overdue Payment will pay for.

The Noncompliance (1st Offense) selection is the second check box. If the Tenant needs to be informed that he or she has Fourteen Days to comply with the Lease Conditions he (or she) has broken or release the Rented Property back to the Landlord/Agent. You must define the Violation in the space available.

The Noncompliance (2nd Offense) selection is the third check box. If the Tenant needs to be informed that he or she has been found Violating the Lease in the same manner within Six Months of a 1st Offense Notice and has Ten Days to return the Leased Property possession to the Landlord/Agent.

If an Immediate Danger or Harm Notice, then mark the third check box and enter the nature of the Danger or Harm the Recipient represents to the Property or its Residents on the blank space. This Notice Statement informs the Recipient they are to return the Leased Property immediately.

The Month To Month Tenancy selection from the Landlord is the fourth check box. If the Tenant needs to be informed the Month To Month Lease Agreement currently in place will end in thirty or more days, choose this statement. The Notice requires at least Thirty Days to pass between its receipt and the last day of Tenancy. The Date of the last day of Tenancy must be reported in this statement using the spaces available.

The Month To Month Tenancy selection from the Tenant is the fifth checkbox. If the Landlord needs to be informed the Month To Month Tenant he or she is renting to intends to end the Monthly Rental, choose this statement. The last day of Tenancy must be documented in the spaces provided. Keep in mind that Thirty Days’ Notice before this Date occurs is the minimum amount of Notice one may give.

6 – Landlord/Agent Disclosure Statement

If the originator of this Notice is a Landlord or Landlord Agent, this entity’s Signature must be supplied in on the Landlord/Agent Signature Line at the end of the paragraphs demanding compliance to the Notice being sent.

7 – Delivery Agent Documentation

The Deliverer, charged with serving this document to the targeted Recipient, must provide a report on whether this was accomplished and how. The initial statement will require the Date the Deliverer relinquished physical possession of this paperwork and the Full Name of the individual who received this paperwork from the Deliverer. The Deliverer must also indicate if this document was delivered to the targeted Recipient, a reliable family member (or co-worker) who’s provided a reasonably reliable assurance to deliver this document to the targeted Recipient, or if this document was mailed USPS (First Class) by selecting the appropriate statement’s corresponding check box. This area of the Notice must be Signed by the Deliverer

 

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