Property Management, Tenant Selection, Real Estate News & Tips

Take Notice! Requirements For Notice As A Landlord

By on December 9, 2014 in Education with 2 Comments

questionsThis blog, like many of my blogs has been inspired by my need to answer a question as a landlord. I received a call from my tenant about a leak in the roof coming through into the garage. I called a roofing company immediately because I realize that water damage can add up fast not to mention the whole potential  mold issue. The roofer went over that same morning only to be shooed away to come back later. The tenant was supposed to call the roofer back to schedule a time that was more convenient. A week went by and she made no attempt to call the roofer. This incidence has brought to the forefront the question of notice. How much notice is required to enter the property under this fairly emergent situation? This particular blog is focused on Oregon’s law but this site can give you specifics on your states’ requirements.

Notice for Entry Requirements

Reasons that a landlord may be granted entry into a rental property usually fall under the following circumstances; to Deal with an emergency, inspections, repairs/improvements, show property if selling, and during tenants extended absence. Dealing with my current situation is what I would consider somewhat of an emergency. It hasn’t been raining much lately but the attic is wet and where there is moisture there could certainly be mold growth. In the state of Oregon a 24 hour notice is required under any of the above mentioned situations excluding emergency situations.

Notice To Vacate Requirements Without Cause

In most cases a landlord does not need to give their tenant a reason to vacate as long as they are not acting on discriminatory motives or as an act of retaliation. As a landlord you must give a written notice to vacate. If the tenant has been at the property for less than a year 30 days notice is required. If the tenant has been there for more than a year 60 days must be given.  The exception the 60 day rule is if the property is sold and  then 30 days is all that is required. Your landlord may legally provide less notice if the tenant has not paid rent, if they have broken other terms of the rental agreement, or if  they are breaking the law.  Tenants who want to get out of a month-to-month rental agreement  also need to give a written 30 day notice unless the landlord has committed a major breach in the rental agreement or there is something that has an effect on the tenants health or safety.

Notice To Vacate Requirements With Cause

When a tenant has not paid the rent landlords in Oregon can serve a pay or quit notice after rent is eight days late, this gives the tenants 3 days to pay rent or move, or serve the notice after rent is five days late and this gives the tenants six days to pay or move. Under  a month-to-month rental agreement a 30-day eviction notice for cause can be filed. The cause for the notice must be for either breaking the rental agreement or breaking the law. The notice must state the reasons for eviction and that the rental agreement will end at least 30 days after notice was given. If the problem can be resolved by making repairs, paying damages, or in other ways the notice has to say that an eviction can be avoided by dealing with the problem within 14 days. If the problem has not been taken care of then an eviction case must be filed with the court after the 30-day notice period has elapsed. In extreme cases a landlord can give a 24-hour written notice to end tenancy. Extreme cases include; purposefully injuring someone, intentionally damaging the property, prostitution, violence, manufacture or delivery of drugs, intimidation and burglary.
Notice For Rent increase Requirements 

In Oregon, unless the rental agreement specifies otherwise, the landlord must generally give the same amount of notice to change the monthly rent payment as would be given to end the tenancy, or notice to vacate.  If a lease is signed and rent is not on a month-to-month basis then the landlord cannot increase the rent until the lease period is over unless specified differently in the lease. Once again, landlords cannot discriminate when raising their rents or be doing it as an act of retaliation.

Giving Notice Requirements

The law requires that notices be served in very specific ways. If the notice is served incorrectly it will have no effect.  Notices can be served through personal delivery or by first class mail. If notice of a for-cause eviction is given by mail, the tenant would get three extra days to correct the cause in the notice and the termination of the tenancy would be extended by three days to account for mail time.  A 3 day or 6 day notice for not paying rent is considered to be served on the day it is mailed to the tenant and must also be attached securely to the main entrance of the rental property. The same is true for a 24-hour notice of termination for extreme cases.

I hope this has all been eye-opening but please note that this information is true for the state of Oregon at this point in time and could vary in another state.

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About the Author

About the Author: Dulcey is both a private landlord and media contributor for Rentec Direct. Her passion is to bring up to date, useful information front-and-center for property managers and landlords. .


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There Are 2 Brilliant Comments

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  1. Allan Foglio says:

    Great Article!
    You added many types of information that you share.After reading this article, I learn more info that you include into your blog.Thanks for sharing…..

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