I share housing with my tenant — same house, separate rooms. In April I served him with a 30 day notice because he had fallen behind on his rent. This expired May 22. On advice, I added the sentence "This notice can be rescinded if rental payments are resumed." Since the notice he has paid me some money, but is still $100 behind for this month and used up his "last," so he remains $600 behind. Yesterday morning he blew up and was yelling at me before he left the house. I am under doctor's order to avoid stressful situations and can't tolerate a hostile domestic situation. I need to get him out sooner than later and cut my losses before it gets worse.
If I understand the facts correctly, you gave your tenant a no-cause 30-day notice, which you have since rescinded and you have given him some form notice (30 day or 72-hours) at some time in May for nonpayment of rent, following which you have accepted some but not full payment of rent. If that is correct, then no, you may not issue a second notice for nonpayment of May's rent.
You may issue a 30-day no cause notice if the lease is month-to-month and the tenancy is less than one year. You may issue a 60-day no cause notice if the lease is month-to-month and the tenant has lived there more than a year. Or you may wait until the 8th day of the rental period (likely June 8) and serve a 72-hour notice demanding payment of rent, including unpaid back rent, in full and refuse to accept any partial payments.
Depending on the actions taken by your tenant, you may be able to serve a 24-hour notice for outrageous acts. It would definitely benefit you to speak to an attorney before going this route. You might want to anyway.
Licensed in Oregon. Answers provided for informational use only and are not legal advice. Advice provided is general information only. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Feel free to contact me at www.MaugerLaw.com if you need to discuss your matter further.
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