I received a notice of termination of tenancy without stated cause and I am concerned and confused. My lease will be actually ending then, so it partly seems to make sense, but I have never seen this form and have never been notified by a landlord that lease will be terminated. I have always paid on time, am clean, get a long great with my neighbors, don't know a lot of people here, so I never have parties or anything like that. If its just that my lease is up, why this kind of form and why no option for month-to-month as is typical? When I searched online for info about this form all the results mention eviction. Am I being evicted? Will this go on my "record" or credit report? Why would this happen? I plan on calling the office tomorrow, but want to know more before I do that. TY!
Your landlord sounds like he/she is exercising his/her option not to renew your lease upon its expiration and is giving you notice to vacate. Simply put, once a lease expires, a landlord is under no obligation to continue to rent to you as a tenant, while likewise, you are under no obligation to continue to rent from the landlord. The fact that you currently live there, are a good tenant, and have paid rent on time doesn't give you any kind of vested interest in the property. Moreover, there doesn't have to be cause or a reason to terminate. And you really shouldn't take it personally -- there could be many reasons as to why your landlord no longer wants to rent the apartment to you.
There's a difference between terminating a tenancy and an eviction. From what you've typed...it does not sound like you are being evicted and this will not go on your credit report. For your own peace of mind, you might want to consult a local attorney to ensure that this isn't an attempted eviction just in case -- as it doesn't sound like your landlord would have any reason to evict you.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
1 found this helpful
6 lawyers agree
Family Law Attorney
You are not being evicted. The Landlord is simply choosing not to renew its lease with you. In all likelihood, it has nothing to do with you as a tenant. It probably has to do with the landlord's agenda. It will definitely not show up as a negative rating on your credit score.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
1 found this helpful
5 lawyers agree
Family Law Attorney
As the other attorneys have noted, the 30 day notice of termination without cause is not an eviction. Instead, it is the landlord's notice to you that your tenancy terminates on that date. If they had not served the notice and had you stayed beyond your lease and continued paying rent, you would have become a month-to-month tenant. If you remain beyond the date on the 30 day notice, then your landlord COULD file an "FED" (eviction proceeding) against you.
The reason that landlords use "no-cause" notices is that they do not give the tenant a specific cause that can be "cured" (thus extending the tenancy) or argued in court. Instead, the landlord just needs to serve proper notice and give the correct amount of time. The reason itself could have nothing at all to do with you (remodeling, new management, higher rent, etc.).
If you were already planning on moving out, have a new place picked out already, and do not want to have any sort of adversarial situation with your former landlord, please disregard this next part. Serving notices must be done in a very specific way. A 30-day notice is a "written" notice under ORS 90, also known as Oregon's "Landlord-Tenant Act." Written notices must be either personally served on the tenant or sent via first class mail (this second option, if used, means that they need to give you an extra 30 days). They can only be served via posting on the door if the rental agreement specifically provides for this and even then, they still need to be sent via first class mail as well. Here's a link to the statute I am referring to: http://www.oregonlaws.org/ors/90.155. Additionally, if you have resided there for more than a full year, the landlord needs to give you 60, rather than 30 days' notice: http://www.oregonlaws.org/ors/90.427. Neither of these defenses will keep a landlord from ultimately terminating your tenancy. Instead, they might defeat an initial eviction proceeding and force the landlord to correct their errors. I generally counsel my own clients to avoid FED proceedings if at all possible because of the additional cost and the lasting damage to their rental history if they lose. You should consider these as back-up options of last resort if for some reason you are unable to move and need more time.
If you are able to move by the specified date, it would be a much better idea to let your landlord know, to arrange a walk-through where you are given a signed checklist showing the good condition of the premises and to carefully document and photograph how you leave the premises.
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
4 lawyers agree
Criminal Defense Attorney
A notice of termination is not an eviction, and the fact that your tenancy ended this way would not be something that would show up on a background check.
There are innumerable reasons why your landlord might give this type of notice.
The best reason is that it is the notice that requires the landlord to prove the fewest things if this were to go to court. It's probably the landlord's smartest, safest choice.
1001 Southwest 5th Avenue #1100
Portland, OR 97204
AVVO 10.0/10.0 perfect rating
One of Portland's top landlord-tenant lawyers
4 lawyers agree