AnOregon 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.
This form of notice applies to a week-to-week tenancy. Other forms of tenancy instead use the 10 Day Notice To Quitfor 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 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.
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.
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.
Delivery of 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; or
(c) If a written rental agreement so provides, 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.
If a notice is served by mail, 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.