My landlord has given the wrong evict notice? (Oregon)?

Question

I've been renting a small house for over a year and my landlord has decided to vacate me from the house. First I want to say, I've never been late on my rent (paying sometimes two months in advance), and I've taken very good care of the house and have not broken any of the conditions we agree on when I moved in.

Had a lease for the first year and than after went to a month-to-month rent status(4-5 months to now). Seeing as this a little rude of him and thinking we had an ok relationship, I have not been able to contact him yet, and shocked by the cold treatment he is giving me. Long Story Short: I've have decided that it might be time to leave after all. However the notice I got from him claims I have to move within 30 days and I need a little more time to find another place.

Just for my information, doesn't a Tenant that has lived in a rental for over year suppose to get a 60 day notice, instead of a 30 notice? And if so, what are my rights if given the wrong notice? Also general advice would be helpful too.

Thanks

Answer 1

It’s amazing how many people shoot from the hip and assume their state landlords tenant laws are the same for your particular state



A very quick web search clearly shows if you occupied the rental for a period longer than one year the landlord Must give 60 day notice to end a month to month



http://www.osbar.org/public/legalinfo/1253_ResidentialEvictionNotices.htm



This site below contains the whole statute for landlord tenant law, find the exact statute number that requires 60 day notice in your fact pattern, then send a nice, simple, professional letter certified to landlord stating by law you have 60 days, name the statute number and then state you will be vacating on the 60th day not in 30 days



http://www.leg.state.or.us/ors/090.html





Additional info LOOK AT 3(C)



90.427 Termination of periodic tenancies; landlord remedies for tenant holdover. (1) As used in this section, “first year of occupancy” includes all periods in which any of the tenants has resided in the dwelling unit for one year or less.

(2) If a tenancy is a week-to-week tenancy, the landlord or the tenant may terminate the tenancy by a written notice given to the other at least 10 days before the termination date specified in the notice.

(3) If a tenancy is a month-to-month tenancy:

(a) At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

(b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

(c) At any time after the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 60 days prior to the date designated in the notice for the termination of the tenancy.

(4) If the tenancy is for a fixed term of at least one year and by its terms becomes a month-to-month tenancy after the fixed term:

(a) At any time during the fixed term, notwithstanding subsection (3) of this section, the landlord or the tenant may terminate the tenancy without cause by giving the other notice in writing not less than 30 days prior to the specified ending date for the fixed term or not less than 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.

(b) After the specified ending date for the fixed term, at any time during the month-to-month tenancy, the landlord may terminate the tenancy without cause only by giving the tenant notice in writing not less than 60 days prior to the date designated in the notice for the termination of the tenancy.

Answer 2

He has to give you 30 days notice. If you don't leave, he has to go to court and legally evict you, so the eviction can be enforced by law enforcement. You will be given the chance to appear or you can forfeit. If the court finds your eviction lawful, you will be served legal eviction papers from the court and you'd have another 30 days to comply. Although, you never know what illegal things he might try instead of a legal eviction and you'd be taking some risk by staying. He could try to lock you out, throw your stuff on the front lawn, etc... Not legal, but it happens and can be a major inconvenience.



This stuff happens... That's the problem with renting, particularly houses. The owner could decide to sell at any time even if you have a lease. They often decide they want to sell, live on the property, let a friend or family member live on the property, etc...



Also... When you rent month-to-month, you have an implied lease for the whole month you paid rent for. You can't be asked to leave until 30 days after the end of the month you already had an agreement for and he notified you in.



EDIT: Howard is wrong. That's if you recieve a legal eviction notice from the court. The police can't enforce a 30 day notice letter written by your landlord. That would be a civil matter and police don't get involved in civil matters. They would have no way of knowing if you're being rightfully or wrongfully evicted. That is the job of the courts. There has to be a legal eviction notice from the courts before the police will get involved in enforcing it. That's probably why you've heard 60 days. The landlord gives a 30 day notice and you get 30 more days if the landlord has to get a legal eviction.

Answer 3

Eviction Notice Oregon

Answer 4

By not signing a lease, you left yourself unprotected. The laws vary state by state, but in my state, he would not have to give you any notice whatsoever. You are basically living on his property at his discretion. Next time, make sure you move in somewhere where they will be willing to have a lease. When a landlord says that there is no lease necessary, that usually means that they don't want to be held legally responsible for repairs, eviction notices, etc. and it is pretty shady. An honest landlord would WANT to have a lease, because it also protects the landlord. Without one, he cannot hold you legally responsible for damage, paying your rent, or up and leaving with no notice. Speak to a lawyer who is familiar with your state laws, although I am afraid you may be out of luck.

Answer 5

This Site Might Help You.



RE:

My landlord has given the wrong evict notice? (Oregon)?

I've been renting a small house for over a year and my landlord has decided to vacate me from the house. First I want to say, I've never been late on my rent (paying sometimes two months in advance), and I've taken very good care of the house and have not broken any of the conditions we...

Answer 6

All he needs to give you is 30 day notice to vacate since you are month to month. That's it. You get no special treatement for how long you have lived there or how on time your rent has been.



My advice is to find a new place and move. If you miss the 30 days, he'll file for eviction.

Answer 7

You are getting CA mixed up with OR.



A 30 day notice is correct in OR. I have rentals in both states.



There is nothing rude about either of you giving a 30 day notice to the other.

Answer 8

No you are a month to month tenant and 30 days notice is all the law requires. Nor does a reason need to be given. You start packing and move

Answer 9

Once you have been given the 30 day notice if you are not gone by that time you get a 72 hour notice at the end of which a marshal shows up with movers to put you and your stuff out on the street at your expense.

Answer 10

u're merely a tenant at will and that leaves u prone to many things a landlord can do to you. you aren't as legally protected