AnOregon 48 Hour Notice To Comply or Vacateis a letter which complies with state legal requirements to begin eviction against a tenant for sharing prohibited substances while residing in drug and alcohol free housing for less than two (2) years. The tenant must take appropriate corrective action within 24 calendar hours of receiving notice, or else move out within 48 calendar hours.
When To Use an Oregon 48 Hour Notice To Comply or Vacate
An Oregon 48 Hour Notice To Comply or Vacate applies to designated alcohol- and drug-free housing, in a tenancy of under two (2) years. This notice begins the eviction process for the following tenant violations:
Sharing alcohol with other persons
Sharing marijuana with other persons
Sharing illegal drugs or controlled substances with other persons
Sharing prescription drugs with other persons
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 48 Hour 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 48 Hour 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.
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 a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings). The notice must specify the acts constituting the drug or alcohol violation and state that the rental agreement will terminate in not less than 48 hours after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within 24 hours after delivery of the notice.If the tenant cures the violation within the 24-hour period, the rental agreement does not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement terminates as provided in the notice.
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.
(2) 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.