Portland Oregon Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

State:
Oregon
City:
Portland
Control #:
OR-1047LT
Format:
Word; 
Rich Text
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Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.



Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.



Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

If the landlord fails to provide a safe, quiet and comfortable dwelling for full use and enjoyment by the tenant, the landlord may be in violation of this common law. The 'Covenant of Quiet Enjoyment' is not part of the Oregon Revised Statute, but is a common law derived from Wolf v. Eppenstein (1914).

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.

As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.

Notice Requirements for Oregon Tenants Oregon 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.

The law allows a landlord to evict a tenant who creates a nuisance. Under California law, a nuisance is defined as anything that interferes with the comfort and enjoyment of the landlord or other tenants on the property.

As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.

What is tenant harassment? Tenant harassment is when a landlord knowingly takes actions that cause harm to a tenant and serve no lawful purpose ? including repeated acts that substantially interfere with the comfort, peace or quiet enjoyment of a tenant's rental unit.

According to the Noise Control Act (HSC 4600), ?All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.? Under HSC 4600, making excessive noise is against the law, and tenants can be evicted for multiple noise complaints.

Notices to Terminate the Tenancy 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.

Notices to Terminate the Tenancy 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.

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Portland Oregon Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates