An Oregon 48 Hour Notice To Comply or Vacate is 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 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.
Sources
- 1 OR Rev Stat § 90.398
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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. 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.
Source Link