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Portland Oregon 4 Day Notice to Remedy Reoccurring Breach or Lease Terminates - Week-to-Week Tenancy - Other than Nonpayment of Rent - Residential

Name: Portland Oregon 4 Day Notice to Remedy Reoccurring Breach or Lease Terminates - Week-to-Week Tenancy - Other than Nonpayment of Rent - Residential
Brand: US Legal Forms

Category:

Landlord Tenant - Residential Leases - Termination

State:

Oregon

City:

Portland

Control #:

OR-1236LT

Format:

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Description

This form provides notice to the tenant that the lease is terminated due to the recurrance of a breach within 6 months of a substantially similar breach. No chance to cure is allowed. For additional information, see the Law Summary link.

Portland Oregon 4 Day Notice to Remedy Reoccurring Breach or Lease Terminates — Week-to-WeeTenantnc— - Other than Nonpayment of Rent — Residential is a legal notice issued by landlords in Portland, Oregon to tenants who have consistently violated the terms of their lease agreement. This notice is specifically designed to address breaches other than nonpayment of rent in week-to-week tenancies. In Portland, landlords are legally obligated to provide tenants with a 4-day notice to remedy recurring breaches or face lease termination for issues such as unauthorized pets, excessive noise, illegal activities, damage to property, or any other violations specified in the lease agreement. This notice serves as a formal warning to the tenant, giving them a chance to rectify the recurring breach within 4 days. If the tenant fails to comply, the landlord may terminate the lease agreement and initiate eviction proceedings if necessary. It's important to note that the Portland Oregon 4 Day Notice to Remedy Reoccurring Breach or Lease Terminates — Week-to-WeeTenantnc— - Other than Nonpayment of Rent — Residential is specific to week-to-week tenancies. Different types of notices may exist for monthly or fixed-term leases. Landlords must ensure that the notice is properly drafted, clearly stating the nature of the breach, specific instances of non-compliance, and the actions required to rectify the situation. Additionally, the notice should include the consequences of failing to remedy the breach, including potential eviction. Landlords in Portland should follow all legal requirements and consult with a legal professional to ensure the notice complies with local laws and regulations. Providing a clear and detailed notice is crucial to protect the landlord's rights while also giving tenants an opportunity to rectify their actions and maintain their tenancy.

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How to fill out Portland Oregon 4 Day Notice To Remedy Reoccurring Breach Or Lease Terminates - Week-to-Week Tenancy - Other Than Nonpayment Of Rent - Residential?

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FAQ

If you do not pay the rent within the 72 hours, your landlord may immediately file a court eviction proceeding. In calculating the 7-day period, the day the rent is due counts. For example, if your rent is due on the first of the month, your landlord may give you a 72-hour notice on the eighth of the month.

In Portland, a landlord must still give at least 90 days' notice of intent not to renew a fixed term tenancy. You cannot end a fixed term tenancy early unless you have cause to end it, such as a violation of the lease by the tenant.

If the lease contains a forfeiture clause, the landlord is permitted to cancel the lease on the first occasion when the tenant fails to pay rent. However, if the landlord regularly accepts late payment, they cannot then use this as a reason for cancellation, because they have given their tacit approval in the past.

72 Hours' Notice to Pay Rent: On the eighth day after rent is due and owing, the landlord can give the tenant 72 hours' written notice to pay rent. This notice must inform the tenant that the landlord will terminate the tenancy unless the tenant pays rent within the 72-hour period. (Ore. Rev. Stat.

The state-wide moratorium for termination notices for no cause expired on June 30, 2021. The state-wide moratorium for terminations based on nonpayment of rent ended on December 31, 2020 unless a tenant submitted a written declaration of financial hardship to their landlord.

First, the landlord must give the tenant 90-days notice of the eviction. Then, no later than 45 days before the move out date, the landlord must pay the tenant Relocation Assistance. The amount of relocation assistance paid to tenant increases with the size of the unit.

If the tenancy terminates on a date after the first year of occupancy, the fixed-term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless the landlord and tenant agree to a new fixed-term tenancy, the tenant gives 30 days' notice, or the landlord has cause to terminate and gives

Non-Renewal of the Lease after the Rental Period Ends According to Oregon law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not commit a violation, they can stay until their lease period ends.

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4 Day Notice to Remedy Reoccurring Breach or Lease Terminates - Week-to-Week Tenancy - Other than Nonpayment of Rent - Residential

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.