Oregon 4 Day Notice to Vacate | Eviction Notice Form

An Oregon 4 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a week-to-week tenant for repeating the same or a similar lease violation within 6 months. The tenant is not given an opportunity to take corrective action, and must move out within four (4) calendar days of receiving notice.

When To Use an Oregon 4 Day Notice To Vacate

An Oregon 4 Day Notice To Vacate begins the eviction process when the tenant pays rent from week to week and repeats the same or substantially similar similar lease violation within a six (6) month period of the previous noncompliance.

note

This form of notice applies to a week-to-week tenancy. Other forms of tenancy instead use the 10 Day Notice To Quit for a repeat lease violation.

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 4 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
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 4 Day Notice To Vacate

Oregon landlords may deliver a Notice To Vacate 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.

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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: If the cause of a written notice delivered under subsection (1) of this section is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation.

When a tenancy is a week-to-week tenancy, the notice period in:

Subsection (5)(a) of this section changes from 10 days to four days.
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2 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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3 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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