This Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Non-Residential or Commercial Property form is for use by a Landlord to inform Tenant of Tenant's default in the payment of rent as a warning prior to a pay or terminate notice. The form advises the Tenant of the due date of rent and the consequences of late payment. This form may be used where you desire to remind the Tenant of payment terms, the default, demand payment and inform the Tenant that under the laws of this state or lease, the Landlord may terminate if rent is not paid timely.
Bend Oregon Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property
State:
Oregon
City:
Bend
Control #:
OR-1301LT
Format:
Word;
Rich Text
Instant download
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How to fill out Oregon Notice Of Default In Payment Of Rent As Warning Prior To Demand To Pay Or Terminate For Nonresidential Or Commercial Property?
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FAQ
If a landlord wishes to evict a tenant before the tenant's lease or rental agreement has expired, the landlord must have legal cause. Legal cause is defined by Oregon law.
The lease will spell out the rights of both parties to end a lease agreement by expiration, termination with advance notice from either party, or eviction. Similar to the lease term, early termination is not regulated by Oregon law and is often settled by both parties through negotiation.
Except as otherwise provided by statute or agreement, such tenancy may only be terminated by either the landlord or tenant giving the other, at any time during the tenancy, not less than 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.
Oregon landlords have a choice: They may serve a pay or quit notice after rent is eight days late, giving the tenant 72 hours (three days) to pay rent or quit; or, they may serve the notice earlier, after rent is overdue five days (in which case, the tenant has longer?144 hours (six days)?to pay or quit).
Rent Default applies when a tenant fails to pay the agreed rent and is in breach of a written, rent agreement or periodic tenancy agreement. Loss of Rent applies when your building or sections of your building suffer loss or damage and are uninhabitable.
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.
Usually, the tenant can only leave at the end of a period (before the next payment of rent is due), but must give at least the amount of notice required in the lease (3 months if not contracted out).
The lease will spell out the rights of both parties to end a lease agreement by expiration, termination with advance notice from either party, or eviction. Similar to the lease term, early termination is not regulated by Oregon law and is often settled by both parties through negotiation.
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.
The easiest way to start the process of evicting a commercial tenant is to file for a Possession Claim from the County Court. The Government has an online Court and Tribunal Finder and you'll need to find the court which is closest to the commercial property itself.