Legal Question in Real Estate Law in Oregon
Help
I gave my renters a 72 Hr notice for non-payment of rent
on the form I mistakenly put $375 instead of $475 they paid the 375 and said that was all they were going to pay for the month. Do they have to pay me the remaining $100??
And because they have been late 8 times in the last year can I legally give them a 30 day notice when I collect the rent on the 10th of next month??
1 Answer from Attorneys
Re: Help
The $375 is all they have to pay to "cure" the 72-hour notice. They can still be billed for and required to pay the remaining $100.
Your ability to give them a 30 day notice to move depends on the terms of your rental agreement. If you have a month-to-month rental agreement, you can give tenants 30 days notice to move at any time, even with no reason. If you really want them out, I generally recommend that you give a 30 day "no cause" notice, which does not list a reason for the termination. If you list a reason in the notice, the tenants may "cure" the default and remain in the property. If you have a lease for a certain term, you may not be able to give a 30 day "no cause" notice.
The Oregon Residential Landlord Tenant Law is very technical. If you have not dealt evictions before, you should consult legal counsel before even giving the notices. As you have already discovered, the law contains many traps for unwary landlords.
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