A landlord's lien is a lien on a tenant's property for the satisfaction of unpaid rent or property damage. There are three types of liens: common-law liens, equitable liens, and statutory liens. A common-law lien gives a lienholder the right to retain possession of the property until the owner of the property satisfies the debt owed the lienholder. Statutory liens frequently expand the rights of the lienholder by modifying common-law liens or by creating new liens that did not exist at common law.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Oregon Notice of Landlord's Lien and Sale is a legal document intended to provide a detailed description of the process landlords can undertake to enforce a lien on tenants' personal property for unpaid rent or other charges. This notice informs tenants of their past-due balances and notifies them of the landlord's intention to sell their belongings to satisfy the outstanding debt. Oregon's law provides for two types of Notices of Landlord's Lien and Sale: the Statutory Right to Assert Lien and the Consensual Lien. Each type has its own specific requirements and procedures. 1. Statutory Right to Assert Lien: The Statutory Right to Assert Lien occurs automatically by operation of law when a tenant fails to pay rent or other charges as agreed upon in the lease agreement. The Oregon Revised Statutes (ORS) Section 87.152 outlines the requirements and steps for landlords to exercise this type of lien. The content of a Notice of Landlord's Lien and Sale under the Statutory Right to Assert Lien should include: — Introduction: Clearly state that the notice is being issued to inform the tenant about the landlord's intent to assert a lien on the tenant's personal property due to unpaid rent or other charges. — Tenant Information: Include the name of the tenant(s), the address of the rental property, and any other relevant contact information. — Delinquent Amount: Specify the amount the tenant owes, including the past-due rent, late fees, or other applicable charges. — Deadline for Payment: Indicate a specific deadline by which the tenant must pay the delinquent amount to avoid further action. — Description of Lien: Explain that the landlord has a legal right to assert a lien on the tenant's personal property to satisfy the outstanding debt if payment is not received by the deadline. — Sale Notice: Inform the tenant that if payment is not made by the stated deadline, the landlord intends to sell the tenant's personal property at a public auction. — Auction Details: Outline the date, time, and location of the auction, emphasizing that the sale will take place unless the tenant pays the outstanding balance beforehand. — Tenant's Right to Redemption: Mention the tenant's right to redeem their belongings prior to the auction by paying the full amount owed, including any additional fees incurred during the process. — Contact Information: Provide the landlord's contact information, including name, address, phone number, and email, to facilitate communication regarding the delinquent account. 2. Consensual Lien: A Consensual Lien arises when the landlord and tenant agree upon it in writing as part of the lease agreement. It allows the landlord to assert a lien on the tenant's personal property if the tenant fails to pay rent or fulfill any other agreed-upon obligations. The content of a Notice of Landlord's Lien and Sale under the Consensual Lien should be similar to the Statutory Right to Assert Lien, but with specific reference to the consensual lien clause outlined in the lease agreement. It is crucial to consult Oregon's landlord-tenant laws and statutes to ensure compliance with the specific requirements and procedures for issuing a Notice of Landlord's Lien and Sale. Seeking legal advice or utilizing templates provided by reputable legal resources may be beneficial to landlords to ensure accuracy and legality in this process.The Oregon Notice of Landlord's Lien and Sale is a legal document intended to provide a detailed description of the process landlords can undertake to enforce a lien on tenants' personal property for unpaid rent or other charges. This notice informs tenants of their past-due balances and notifies them of the landlord's intention to sell their belongings to satisfy the outstanding debt. Oregon's law provides for two types of Notices of Landlord's Lien and Sale: the Statutory Right to Assert Lien and the Consensual Lien. Each type has its own specific requirements and procedures. 1. Statutory Right to Assert Lien: The Statutory Right to Assert Lien occurs automatically by operation of law when a tenant fails to pay rent or other charges as agreed upon in the lease agreement. The Oregon Revised Statutes (ORS) Section 87.152 outlines the requirements and steps for landlords to exercise this type of lien. The content of a Notice of Landlord's Lien and Sale under the Statutory Right to Assert Lien should include: — Introduction: Clearly state that the notice is being issued to inform the tenant about the landlord's intent to assert a lien on the tenant's personal property due to unpaid rent or other charges. — Tenant Information: Include the name of the tenant(s), the address of the rental property, and any other relevant contact information. — Delinquent Amount: Specify the amount the tenant owes, including the past-due rent, late fees, or other applicable charges. — Deadline for Payment: Indicate a specific deadline by which the tenant must pay the delinquent amount to avoid further action. — Description of Lien: Explain that the landlord has a legal right to assert a lien on the tenant's personal property to satisfy the outstanding debt if payment is not received by the deadline. — Sale Notice: Inform the tenant that if payment is not made by the stated deadline, the landlord intends to sell the tenant's personal property at a public auction. — Auction Details: Outline the date, time, and location of the auction, emphasizing that the sale will take place unless the tenant pays the outstanding balance beforehand. — Tenant's Right to Redemption: Mention the tenant's right to redeem their belongings prior to the auction by paying the full amount owed, including any additional fees incurred during the process. — Contact Information: Provide the landlord's contact information, including name, address, phone number, and email, to facilitate communication regarding the delinquent account. 2. Consensual Lien: A Consensual Lien arises when the landlord and tenant agree upon it in writing as part of the lease agreement. It allows the landlord to assert a lien on the tenant's personal property if the tenant fails to pay rent or fulfill any other agreed-upon obligations. The content of a Notice of Landlord's Lien and Sale under the Consensual Lien should be similar to the Statutory Right to Assert Lien, but with specific reference to the consensual lien clause outlined in the lease agreement. It is crucial to consult Oregon's landlord-tenant laws and statutes to ensure compliance with the specific requirements and procedures for issuing a Notice of Landlord's Lien and Sale. Seeking legal advice or utilizing templates provided by reputable legal resources may be beneficial to landlords to ensure accuracy and legality in this process.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
