How can you break a lease without penalty?

In some circumstances, a tenant can break a fixed-term agreement early without penalty. A tenant can give 14 days' written notice to end an agreement early without penalty if: they have accepted an offer of social housing (e.g. from DCJ Housing)

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Oregon 10 Day Notice to Pay Rent or Lease Terminated for...

Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property

Name: Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property
Brand: US Legal Forms
Price: 59.00 USD

Category:

Landlord Tenant - Nonresidential Leases - Termination

State:

Oregon

Control #:

OR-1206LT

Format:

Instant download

Description

This form is used by a Landlord to demand payment of overdue rent from a non-residential tenant within 10 days from giving the Notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Non-Residential" includes commercial or industrial property. If the Tenant fails to pay within 10 days, the lease may be considered terminated by the Landlord. The Tenant is informed that the Tenant must either pay the rent or suffer possible termination. If he does not pay, the Landlord may begin eviction proceedings. If the Landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the Notice, the lease is generally reinstated. For additional information, see the Law Summary link.

Oregon Residential Landlord Tenant Rental Lease Forms and Agreements Package

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Key Concepts & Definitions

10 day notice to pay rent or lease terminated: A legal document given to a tenant, specifying they have 10 days to pay due rent or their lease will be terminated due to nonpayment. This falls under tenancy noncompliance and is commonly referred to as an eviction notice or notice to quit. Lease agreement specifics often dictate the exact procedures and conditions for such notices. Illegal activity or other breaches may also precipitate immediate lease termination, bypassing typical nonpayment protocols.

Step-by-Step Guide

Identify the breach: Confirm that the tenant has not paid the rent within the timeframe stipulated in the lease agreement.
Prepare the notice: Use a notice template to ensure all legal information is accurately conveyed. Details should include the amount due, the deadline to pay, and the consequence of lease termination.
Deliver the notice: Serve the tenant in accordance with state laws, which may require personal delivery or certified mail.
Follow-up: If the rent remains unpaid after 10 days, proceed with lease termination and eviction as per legal guidelines.
Document everything: Keep records of all communications and actions taken.

Risk Analysis

Failing to follow the legal procedures in issuing a 10 day notice to pay rent can lead to complications in the eviction process, potentially making the eviction unenforceable. Misidentifying the legal requirements for notice like mistaking it for month termination can also result in costly legal battles. Furthermore, issuing notices without a formal lease agreement in place can be ineffectual, highlighting the importance of established and clear rental agreements.

Best Practices

Ensure all rental agreements are clear about payment terms and eviction processes.
Utilize professionally created notice templates to avoid legal loopholes.
Stay informed about state-specific laws regarding eviction notices and tenant rights.
Maintain respectful communication with tenants even during disputes to facilitate smoother resolution and compliance.

Common Mistakes & How to Avoid Them

Mistake: Not adhering to the specified timeline in the lease agreement. Solution: Always check the specific terms of the lease agreement before issuing a notice.
Mistake: Using a generic notice template without customization. Solution: Customize notices to reflect the specific terms and legal requirements applicable in the jurisdiction.

FAQ

What happens if a tenant pays after receiving a 10-day notice? If the tenant pays the full amount due within the 10 days, the notice is typically rescinded, and the lease continues under its original terms.
Can a tenant be evicted for reasons other than nonpayment? Yes, tenants can also be evicted for reasons such as illegal activities or other substantial breaches of the lease agreement.

Summary

A 10 day notice to pay rent or lease terminated is a crucial document in managing tenancy noncompliance related to nonpayment of rent. Proper execution of this notice is essential for legal compliance and effective property management. Utilizing correct templates and understanding legal intricacies are fundamental to ensure the enforceability of eviction proceedings.

How to fill out Oregon 10 Day Notice To Pay Rent Or Lease Terminated For Nonresidential Or Commercial Property?

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FAQ

In some circumstances, a tenant can break a fixed-term agreement early without penalty. A tenant can give 14 days' written notice to end an agreement early without penalty if: they have accepted an offer of social housing (e.g. from DCJ Housing)

You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.

California law generally allows the owner to terminate a month-to month tenancy on 30 or 60 days notice, depending on how long the residents have lived there. By contrast, a fixed-term lease can only be terminated by the owner on three days' notice for cause.

Oregon law allows up to 1.5X rent for lease break fee. But I did not specify the early lease termination fee clause in the rental agreement (lesson learned). If my lease said "Landlord and tenant agree to abide by all state, federal, local laws or adopted rules and regulations.

In the state of Oregon, if tenants hold over, or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

The tenant must give the landlord notice of their intention to move out within 90 days of the event causing the need to move. The notice must be given to the landlord at least 14 days before the tenant intends to move out.

Notice for cause? o Yes. The new law only covers evictions for nonpayment of rent or no cause terminations. A landlord is still allowed to give a tenant a notice based on a violation of the rental agreement.

A no-cause eviction means that your landlord is not giving any reason for the eviction. The notice must clearly state the date that the tenancy will end.

A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Oregon must follow specific procedures to end the tenancy.

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10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property

90.400 Effect of tenant noncompliance with rental agreement or failure to maintain premises; failure to pay rent; damage to persons or property.

(1)

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, a noncompliance with ORS 90.325 materially affecting health and safety, a material noncompliance with a rental agreement regarding a program of recovery in drug and alcohol free housing or a failure to pay a late charge pursuant to ORS 90.260 or a utility or service charge pursuant to ORS 90.315 (4) or 90.510 (8), the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice shall specify the acts and omissions constituting the breach and shall state that the rental agreement will terminate upon a date not less than 30 days after delivery of the notice. If the breach is remediable by repairs, payment of damages, payment of a late charge or utility or service charge, change in conduct or otherwise, the notice shall also state that the tenant can avoid termination by remedying the breach within 14 days.

(b) If the breach is not remedied in 14 days, the rental agreement shall terminate as provided in the notice subject to paragraphs (c) and (d) of this subsection.

(c) If the tenant adequately remedies the breach before the date for remedying the breach as specified in the notice, the rental agreement shall not terminate.

(d) If substantially the same act or omission which constituted a prior noncompliance of which notice was given pursuant to paragraph (a) of this subsection recurs within six months, the landlord may terminate the rental agreement upon at least 10 days' written notice specifying the breach and the date of termination of the rental agreement.

(e) In the case of a week-to-week tenancy, the notice periods in:

(A) Paragraph (a) of this subsection shall be changed from 30 days to seven days and from 14 days to four days;

(B) Paragraph (b) of this subsection shall be changed from 14 days to four days; and

(f) In residential tenancies subject to ORS 90.505 to 90.840, the time lines provided in paragraphs (b) and (d) of this subsection will be governed by the time lines in ORS 90.630 (3).

(2) The landlord may immediately terminate the rental agreement for nonpayment of rent and take possession of the dwelling unit in the manner provided in ORS 105.105 to 105.168 after written notice, as follows:

(a) In the case of 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.

(b) In the case of all other tenancies, by delivering to the tenant:

(A) 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; or

(B) If a written rental agreement so provides, at least 144 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.

(c) The notices described in this subsection shall also specify the date and time by which the tenant must pay the rent to cure the nonpayment of rent.

(d) Payment by a tenant who has received a nonpayment of rent notice under this subsection is timely if mailed to the landlord within the period of the notice unless:

(A) The nonpayment of rent notice is personally served on the tenant;

(B) A written rental agreement and the nonpayment of rent notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and

(3) The landlord, after 24 hours' written notice specifying the causes, may immediately terminate the rental agreement and take possession in the manner provided in ORS 105.105 to 105.168, if:

(a) The tenant, someone in the tenant's control or the tenant's pet seriously threatens immediately to inflict personal injury, or inflicts any substantial personal injury, upon the landlord or other tenants;

(b) The tenant, someone in the tenant's control, or the tenant's pet inflicts any substantial personal injury upon a neighbor living in the immediate vicinity of the premises or upon a person other than the tenant on the premises with permission of the landlord or another tenant;

(d) The tenant has vacated the premises, the person in possession is holding contrary to a written rental agreement that prohibits subleasing the premises to another or allowing another person to occupy the premises without the written permission of the landlord, and the landlord has not knowingly accepted rent from the person in possession; or

(e) The tenant or someone in the tenant's control commits any act which is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. An act that is "outrageous in the extreme" is an act not described in paragraphs (a) to (c) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. Such an act is more extreme or serious than an act that warrants a 30-day termination under subsection (1) of this section. An act that is "outrageous in the extreme" includes, but is not limited to, the following acts:

(A) Prostitution or promotion of prostitution, as described in ORS 167.007 and 167.012;

(B) Manufacture or delivery of a controlled substance, as described in ORS 475.005 but not including delivery as described in ORS 475.992 (2)(b);

(D) Burglary as described in ORS 164.215 and 164.225.

(4) Someone is in the tenant's control, as that phrase is used in subsection (3) of this section, when that person enters or remains on the premises with the tenant's permission or consent after the tenant reasonably knows or should know of that person's act or likelihood to commit any act of the type described in subsection (3)(a), (b), (c) and (e) of this section.

(5) The landlord's 24 hours' written notice given under subsection (3)(d) of this section shall not be construed as an admission by the landlord that the individual occupying the premises is a lessee or sublessee of the landlord.

(6) With regard to "acts outrageous in the extreme" as described in subsection (3)(e) of this section, an act can be proven to be outrageous in the extreme even if it is one that does not violate a criminal statute. In addition, notwithstanding the reference in subsection (3) of this section to existing criminal statutes, the landlord's standard of proof in an action for possession under this subsection remains the civil standard, proof by a preponderance of the evidence.

(7) If a good faith effort by a landlord to terminate a tenancy pursuant to subsection (3)(e) of this section and to recover possession of the rental unit pursuant to ORS 105.105 to 105.168 fails by decision of the court, the landlord shall not be found in violation of any state statute or local ordinance requiring the landlord to remove that tenant upon threat of fine, abatement or forfeiture as long as the landlord continues to make a good faith effort to terminate the tenancy.

(8) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, 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 as provided in this subsection. The notice shall specify the acts constituting the drug or alcohol violation and shall 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 shall 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 shall not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement shall terminate as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least 24 hours' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant shall not have a right to cure such a subsequent violation.

(9) Except as provided in this chapter, a landlord may pursue any one or more of the remedies listed in this section, simultaneously or sequentially.

(10) Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or ORS 90.325.