Oregon 48 Hour Notice To Comply or Vacate

Last Updated: March 13, 2024 by Roberto Valenzuela

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:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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:

  1. Hand delivery to the tenant
  2. Delivery by first class mail
  3. 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
  4. 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:

  1. Agreement executed AFTER the tenancy has begun and the tenant has moved in
  2. Specifies an email address where the landlord agrees to send and receive notifications
  3. Specifies an email address where the tenant agrees to send and receive notifications
  4. Allows either party to change their specified email address, or cancel electronic communications, with three days of advance notice
  5. 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.

note
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.

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