I gave cause for eviction - disturbing the peace. Realized I don't need a cause. Can I give a "no cause" eviction 1 day later?

Asked about 2 years ago - Lebanon, OR

Tenant is with Housing Authority, in Oregon. I thought I needed a cause for eviction, but talked to his case worker today and she said I can do 30 day no cause. The cause was "disturbing the peace with your neighbors" and I didn't give him a time/date to remedy it. Can I revoke the cause eviction and give a "no cause" one day later?
Or is the first eviction able to stand up in court, if need be.

Attorney answers (1)

  1. James Baldock

    Contributor Level 8

    6

    Lawyers agree

    Answered . You can give multiple eviction notices, they do not cancel each other out. You can revoke a notice anytime. It is likely your first eviction notice will not stand up in court because it did not give the required 14 days to cure.

    You cannot give a no-cause eviction notice if the tenant is on a fixed term lease. You can only give no cause notice if the tenant is a month to month or week to week renter. If the tenant has been renting from you for more than a year, you must give a 60 day no cause notice. Otherwise a 30 day will suffice. Notices are highly technical documents, I recommended a quick appointment with an attorney in your area to ensure the notice will be valid. The half hour appointment could save you hundreds in filing fees if your notice is even slightly deficient.

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