An Oregon 30 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a month-to-month or fixed-term lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use an Oregon 30 Day Notice To Vacate
An Oregon 30-Day Notice To Vacate applies to the following rental situations:
- Tenant only: Terminating a month-to-month or fixed term lease, at any time
- Landlord only: Terminating a month-to-month or fixed-term lease, during the first year of tenancy
- Terminating a rental situation with no written lease where the tenant pays rent monthly
- Terminating an expired lease
- Terminating a tenancy due to government order regarding safety or regulatory compliance
- Terminating a tenancy after the rental property is sold, only when all of the following apply:
- The tenant occupies the same building or property as the landlord’s primary residence
- The building or property has two (2) dwelling units or fewer
- The dwelling is purchased separately from any other rental unit, by a person who intends to occupy the rental unit as a primary residence
- The landlord has provided notice and written evidence of the offer to purchase within 120 days of accepting the purchase offer
Sale of premises that does not meet all necessary criteria must use a 90 Day Notice To 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 Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or 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 30 Day Notice To Vacate
Oregon landlords and tenants may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Delivery by first class mail
- Only if agreed in writing: Posting at a conspicuous place on the premises (for the tenant) or a designated location available at all hours (for the landlord), PLUS delivery by first class mail
- Only if agreed through a special written addendum to the rental agreement: Delivery by email, PLUS delivery by first class mail
Mailed notice must be addressed to the tenant, at the premises (in the tenant’s case), or to the address specified by the landlord in the rental agreement (in the landlord’s case). 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 § 90.427
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If a tenancy is a month-to-month tenancy:
(a) At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.
(b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.
(c) Except as provided in subsection (8) of this section, at any time after the first year of occupancy, the landlord may terminate the tenancy only:
(A) For a tenant cause and with notice in writing as specified in ORS 86.782 (6)(c), 90.380 (5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or 90.445; or
(B) For a qualifying landlord reason for termination and with notice in writing as described in subsections (5) and (6) of this section.
(4) If the tenancy is a fixed term tenancy:
(a) The landlord may terminate the tenancy during the fixed term only for cause and with notice as described in ORS 86.782 (6)(c), 90.380 (5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or 90.445.
(b) If the specified ending date for the fixed term falls within the first year of occupancy, the landlord may terminate the tenancy without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.
(c) Except as provided by subsection (8) of this section, if the specified ending date for the fixed term falls after the first year of occupancy, the fixed term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless:
(A) The landlord and tenant agree to a new fixed term tenancy;
(B) The tenant gives notice in writing not less than 30 days prior to the specified ending date for the fixed term or the date designated in the notice for the termination of the tenancy, whichever is later; or
(C) The landlord has a qualifying reason for termination and gives notice as specified in subsections (5) to (7) of this section.
(8) If the tenancy is for occupancy in a dwelling unit that is located in the same building or on the same property as the landlord’s primary residence, and the building or the property contains not more than two dwelling units, the landlord may terminate the tenancy at any time after the first year of occupancy
For a month-to-month tenancy:
Without cause by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy if:
(i) The dwelling unit is purchased separately from any other dwelling unit;
(ii) The landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and
(iii) The landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.
For a fixed term tenancy:
(A) During the term of the tenancy, only for cause and with notice as described in ORS 86.782 (6)(c), 90.380 (5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or 90.445; or
(B) At any time during the fixed term, without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.
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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