I have a tenant who is no longer in contract so is now month-to-month by default. I served the notice to the tenant dated on 3/1/17 but was not delivered to the tenant until 3/21/17. In the letter, I stated that the tenant has 60 days to vacate but, due to the delayed of the letter being delivered, the tenant is now requesting a new 60 days notice. From what I understand, it is only required that landlords give 30 days notice to vacate to month-to-month tenant for 'just cause' reason. Am I incorrect in this? Do I need to re-send a new notice with a new 60 days notice to this tenant? Thank you.
Without looking at the contents of notice or understanding why the delay in delivery, it's hard to guess for certain as to whether you'll need to start over. Especially under these circumstances, it would probably be a good idea to at least consult with your own attorney if you plan to evict the tenant based on this notice.
Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement.
Several apparent confusions here. If you are trying to terminate a tenancy for cause, then yes, a 14/30 day notice is required. But the required contents of that notice are quite different from those for a no cause termination notice, be it a 30, 60, or 90 day notice. As to the running of the timing of a notice (again, 60 day or any other), when it starts running depends upon how it was served. It does not, however, depend at all upon when the tenant receives it. Rather it is when and how a landlord serves it. That said, if it took 3 weeks to be served, I am highly suspicious that it was not lawfully served to begin with. It has to be in writing (no text or email); and it has to contain the correct and required information; and it must be served either un person, by regular first class mail (not certified), or, if a written lease provides for it, by posting it on the tenant's main entrance door and mailed first class. Questions? Problems? Review it all with a landlord-tenant attorney. It can save you a lot of time, money, and heartache in the end. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
Note that termination for cause is a term defined by statute, and it may not include certain things which you might view as "just cause."
And, as discussed in the other responses, it is critical that the notice be timely and that the form of the notice include everything required by law. I believe that the law requires that there be a designated termination date. I don't believe it is sufficient to say that the tenancy terminates 30 or 60 days after the notice is given, although I have never researched that issue.
The Oregon Residential Landlord Tenant Act is really quite complicated, and you would be wise to obtain help making certain you comply with the legal requirements in all respects.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
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