Oregon Notice of Default on Residential Lease

State:
Oregon
Control #:
OR-829LT
Format:
Word; 
Rich Text
Instant download

Description

Notice of Default on Residential Lease with Specific Reasons for Default, with Deadline Date to Cure. This notice is pursuant to applicable law. Should the tenant fail or refuse to cure the default as outlined, the landlord may issue a Notice of Termination of Lease Agreement and evict the tenant, and/or take such other action as allowed by law.


In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.

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FAQ

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.

At-will tenancy is subject to the will of both the tenant and the landlord (hence the name). In other words, the tenant can choose to leave and stop paying rent at any time, and the landlord can choose to stop accepting rent and ask the tenant to leave at any time.

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.

Tenant default occurs when a Tenant breaches one of the tenant's covenants in its lease. Tenant default can arise in a number of different ways but will typically be for one of the following: Non-payment of rent or other sums reserved under the lease.

Declare a Constructive Eviction. Point Out Landlord Breaches to Reduce Your Debt. Landlords Have a Duty to Mitigate Their Damages. Consequences for Breaking Your Lease. Look for These Clauses in Your Lease. Your Landlord May Have a Duty to Mitigate. Declare a Constructive Eviction.

In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due.In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default.

Unless such a condition is explicitly stated in the lease or there is a rare jurisdictional law that requires a cooling period, your lease is binding the second you sign your name. The landlord has the right to decide whether to mutually agree to terminate the lease or to hold you to the terms.

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.

Notice Requirements for Oregon TenantsOregon tenants who want to get out of a month-to-month rental agreement must provide at least 30 days' written notice. One exception is if the landlord doesn't provide an exit from each bedroom in the unit, the tenant can give the landlord a 72-hour notice.

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Oregon Notice of Default on Residential Lease