Oregon Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

Common violations of the covenant of quiet enjoyment include failing to resolve nuisances or damages that deprive tenants of the use of their space, such as rodent infestations, leaky roofs, or noise disturbances from neighbors. Understanding this right to quiet enjoyment is important for property managers.

Under the new laws, renters have important rights that can help protect from eviction because of nonpayment of rent, fees, or other money owed to a landlord. These new rights include: Termination notices for nonpayment of rent must give at least 10 days for renters to pay the late rent and stay in their homes.

If it would be safer for a victim of domestic violence to break their lease and move elsewhere, Oregon has a law (ORS 90.453) that allows this options for individuals who find themselves in this situation. However, it does require the tenant to give their landlord two weeks' notice before doing so.

An early termination clause will allow a tenant to end a lease early by paying a penalty. After breaking the lease through an early termination clause, the tenant will be able to end the lease 30-60 days after providing notice.

To end a month-to-month tenancy during the first year of the tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days' notice and payment of relocation costs is required for no-cause terminations.

In the state of Oregon, a tenant must serve you a 30 days' notice to terminate their month-to-month lease. If they have lived in the unit for a period exceeding a year, then they have an obligation to serve you a 60 days' advance notice.

Time Limit Warning/Statute of Limitations Most lawsuits related to rental agreements, or the Landlord and Tenant Act, must be filed (started in court) within one year. The time limits under fair housing law may be longer. There may be other, sometimes shorter, time limits that apply in other cases.

The tenant needs to give written notice of their intent to move without cause as soon as possible. Make sure to give your landlord a 30-day move-out notice in writing. Otherwise there is no documentation as to when your responsibility to pay rent ends.

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Oregon Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant