AnOregon 72 Hour Notice To Quitis a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent after the allowed grace period (5th calendar day for week-to-week tenancies; 8th for all others). The tenant must pay the balance due or move out within 72 calendar hours of receiving notice.
When To Use an Oregon 72 Hour Notice To Quit
An Oregon 72 Hour Notice To Quit begins the eviction process in Oregon when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid on the 5th calendar day after rent is normally due (for week-to-week tenants), or the 8th calendar day (for all other tenants).
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 72 Hour Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
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 payment necessary 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 72 Hour Notice To Quit
Oregon landlords may deliver a Notice To Quit 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.
The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided:When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.For all tenancies other than week-to-week tenancies, by delivering to the tenant:At least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due.
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.