An Oregon 24 Hour Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for illegal activity, such as possessing controlled substances on the premises. The tenant is not given an opportunity to take corrective action, and must move out within twenty four (24) calendar hours of receiving notice.
When To Use an Oregon 24 Hour Notice To Quit
An Oregon 24 Hour Notice To Quit begins the eviction process for the following tenant violations:
- Possession, manufacture, or distribution of controlled substances
- Manufacture of a cannabinoid extract
- Engagement in or promotion of prostitution
- Committing burglary
- Committing a bias crime
- Threatening substantial injury or damage to the premises or other persons (including threats from a guest or pet)
- Causing substantial property damage (including damage from a guest or pet)
- Injury or reckless endangerment of other persons (including from a guest or pet)
- Sharing alcohol or other prohibited substances if resident in alcohol- or drug-free housing for two (2) years or more
Some types of Oregon lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Oregon 24 Hour Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Oregon 24 Hour Notice To Quit
Oregon landlords may deliver a Notice To Quit using any of these methods:
- Hand delivery to the tenant
- Delivery by first class mail
- Only if agreed in writing: Posting at a conspicuous place on the tenant’s premises, PLUS delivery by first class mail, addressed to the tenant at the premises
- Only if agreed through a special written addendum to the rental agreement: Delivery by email, PLUS delivery by first class mail
Mailing a notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Electronic Notice in Oregon
Oregon does allow electronic delivery of notice in special cases. Electronic notice must be agreed in a written addendum to the rental agreement, which complies with the following requirements:
- Agreement executed AFTER the tenancy has begun and the tenant has moved in
- Specifies an email address where the landlord agrees to send and receive notifications
- Specifies an email address where the tenant agrees to send and receive notifications
- Allows either party to change their specified email address, or cancel electronic communications, with three days of advance notice
- Contains the following language:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
Sources
- 1 OR Rev Stat § 90.396
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As provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession as provided in ORS 105.105 to 105.168, if:
The tenant, someone in the tenant’s control or the tenant’s pet seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant;
The tenant or someone in the tenant’s control recklessly endangers a person on the premises other than the tenant by creating a serious risk of substantial personal injury;
The tenant, someone in the tenant’s control or the tenant’s pet inflicts any substantial personal injury upon a neighbor living in the immediate vicinity of the premises;
The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises or the tenant’s pet inflicts substantial damage to the premises on more than one occasion;
The tenant, someone in the tenant’s control or the tenant’s pet commits any act that is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. For purposes of this paragraph, an act is outrageous in the extreme if the act is not described in paragraphs (a) to (e) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. An act that is outrageous in the extreme is more extreme or serious than an act that warrants a 30-day termination under ORS 90.392. Acts that are “outrageous in the extreme” include, but are not limited to, the following acts by a person:
(A) Prostitution, commercial sexual solicitation or promoting prostitution, as described in ORS 167.007, 167.008 and 167.012;
(B) Unlawful manufacture, delivery or possession of a controlled substance, as defined in ORS 475.005;
(C) Manufacture of a cannabinoid extract, as defined in ORS 475C.009, unless the person manufacturing the cannabinoid extract holds a license issued under ORS 475C.085 or is registered under ORS 475C.815;
(D) A bias crime, as described in ORS 166.155 and 166.165; or
(E) Burglary as described in ORS 164.215 and 164.225.
Source Link - 2 Or. Rev. Stat. § 90.155(1)
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(1) Except as provided in ORS 90.300, 90.315, 90.425 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: Source Link(a) Personal delivery to the landlord or tenant. (b) First class mail to the landlord or tenant. (c) If allowed under a written rental agreement , both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows: (A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and (B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours. (d) Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that: (A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form: THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
- 3 Or. Rev. Stat. § 90.155(2)
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If a notice is served by mail under subsection (1)(b) of this section, the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided.
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