Oregon 30 Day Notice to Comply or Vacate

An Oregon 30 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, except tenants that pay rent week-to-week. The tenant must take appropriate corrective action within fourteen (14) calendar days or else move out within thirty (30) calendar days of receiving notice.

When To Use an Oregon 30 Day Notice To Comply or Vacate

An Oregon 30 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:

Failure to maintain the rental unit in a clean and sanitary manner
Occupancy violations
Parking in an unauthorized area
Other lease violations

note

This type of notice applies to violations which can be “cured” (i.e., corrected through appropriate tenant action), in all tenancies EXCEPT week-to-week tenancies. A week-to-week tenancy uses the 7 Day Notice To Comply or Vacate, instead.

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 30 Day Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

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, and the corrective action(s) required to avoid termination
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 30 Day Notice To Comply or Vacate

Oregon landlords may deliver a Notice To Comply or Vacate using any of these methods:

Hand delivery to the other party
Delivery by first class mail
Only if agreed by both parties: Delivery by first class mail AND posting to the property

To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 OR Rev Stat § 90.392: Material violation by the tenant of ORS 90.325.

The notice must:

(a) Specify the acts and omissions constituting the violation;

(b) Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and

(c) If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.

(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:

(A) At least 14 days after delivery of the notice; or

(B) If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155. For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.

(b) If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.
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2 OR Rev Stat § 90.325: The tenant shall:

(a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

(b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

(c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

(d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

(e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

(f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

(g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

(2) A tenant may not:

(a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.

(b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

(c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.
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3 Or. Rev. Stat. § 90.155(1): (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:

(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.

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4 Or. Rev. Stat. § 90.155(2): 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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