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Oregon 10 Day Notice to Pay Rent or Lease Terminated for...

Eugene Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property

Name: Eugene Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property
Brand: US Legal Forms
Rating: 4.66 (411 reviews)

Category:

Landlord Tenant - Nonresidential Leases - Termination

State:

Oregon

City:

Eugene

Control #:

OR-1206LT

Format:

Instant download

Description

This form is used by a Landlord to demand payment of overdue rent from a non-residential tenant within 10 days from giving the Notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Non-Residential" includes commercial or industrial property. If the Tenant fails to pay within 10 days, the lease may be considered terminated by the Landlord. The Tenant is informed that the Tenant must either pay the rent or suffer possible termination. If he does not pay, the Landlord may begin eviction proceedings. If the Landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the Notice, the lease is generally reinstated. For additional information, see the Law Summary link.

Title: Understanding the Eugene Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property Keywords: Eugene Oregon, 10 day notice, pay rent, lease terminated, nonresidential property, commercial property Introduction: The Eugene Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property is a legal document that outlines the necessary steps for landlords to address issues related to unpaid rent or lease violations in nonresidential or commercial properties. This notice provides property owners with a formal means to demand payment or terminate the lease agreement within a specific timeframe, ensuring both parties have a clear understanding of their rights and obligations. Types of Eugene Oregon 10 Day Notices for Nonresidential or Commercial Property: 1. Eugene Oregon 10 Day Notice to Pay Rent for Nonresidential Property: This type of notice is issued when a commercial or nonresidential tenant fails to pay the rent within the stipulated timeframe. It serves as a warning to the tenant, demanding that rent be paid in full within ten calendar days, or the lease may be terminated. 2. Eugene Oregon 10 Day Notice to Terminate Lease for Nonresidential Property: This notice is used in situations where a tenant has failed to comply with the lease terms or has engaged in substantial lease violations. It provides the tenant with a ten-day grace period to rectify the issues, failing which the landlord has the right to terminate the lease agreement. 3. Eugene Oregon 10 Day Notice to Pay Rent or Terminate Lease for Commercial Property: This notice is a combination of the first two types and is used when a tenant fails to pay rent or violates the lease terms for a commercial property. The notice allows the tenant ten days to rectify the situation by paying the overdue rent or addressing other lease violations; otherwise, the landlord may choose to proceed with lease termination. Important Considerations: 1. Delivery Method: The notice must be delivered in writing to the tenant through certified mail, email, or by serving a copy directly to the tenant. 2. Rent Calculation: Ensure that the notice accurately calculates the outstanding rent owed, including any late fees or penalties that may apply. 3. Compliance with State Laws: Property owners must adhere to the specific legal requirements for serving this notice in the state of Oregon, including providing accurate information and following proper procedures to maintain its validity. Conclusion: The Eugene Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property is a critical tool for landlords to address overdue rent or lease violations in nonresidential or commercial properties. Understanding the different types of notices and following the correct procedures ensures both landlords and tenants are aware of their rights and responsibilities, promoting a transparent and professional leasing environment.

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How to fill out Eugene Oregon 10 Day Notice To Pay Rent Or Lease Terminated For Nonresidential Or Commercial Property?

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FAQ

Except as otherwise provided by statute or agreement, such tenancy may only be terminated by either the landlord or tenant giving the other, at any time during the tenancy, not less than 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.

Under California law, landlords of commercial properties can demand that non-paying tenants pay the past due rent and still proceed with an eviction process if tenants do not pay the rent in full amount of the past due rent, or in other words, they pay a partial amount towards their balance.

In Portland, a landlord must still give at least 90 days' notice of intent not to renew a fixed term tenancy. You cannot end a fixed term tenancy early unless you have cause to end it, such as a violation of the lease by the tenant.

Unless there is a provision in the lease to the contrary, a commercial landlord must provide a 14-day notice to quit to a commercial tenant failing to pay rent (M.G.L. c. 186, § 11A and see Standard Document, 14-Day Notice to Quit (Tenancy for Years) (Evictions) (MA)).

21. This Section 27(2) Notice to End a Commercial Lease is a formal notice for a tenant to serve on its landlord if the tenant does not wish to renew a lease that either is about to expire or has expired.

At this time, the law does not apply to commercial property and includes a vacancy decontrol provision which permits rent increases by more than the statutory limit so long as no tenants from the prior tenancy remain in possession.

Notice periods Length of tenancyNotice that the landlord must giveLess than 6 months90 days6 months or longer but less than 1 year152 days1 year or longer but less than 7 years180 days7 years or longer but less than 8 years196 days1 more row ?

A landlord can bring a possession order against the tenant of a commercial property by virtue of section 25 of the Act or by forfeiture.

First, the landlord must give the tenant 90-days notice of the eviction. Then, no later than 45 days before the move out date, the landlord must pay the tenant Relocation Assistance.

How you go about evicting a commercial tenant in California will depend on what your lease dictates, as well as the type of notice you send out. The usual notice is that of 30 or 60 days. The notice will vary based on which part of the lease your tenant breached. For example: Did they fail to pay rent?

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Advance Payments for Death, Injury, or Property Damage . NEW ISSUE - BOOK ENTRY ONLY.Distress for Rent . Oregon also taxes your income from Oregon sources while you were a nonresident. 8. Wages, salaries, and other pay for work. Effects such uses do not interfere with the successful operations of adjacent land uses. P. Rental storage units. Of any sale of an interest in the property in question. With you to the test center on the day of the examination. Commercial entities in Southampton are primarily retail properties and restaurants and hire private carters to collect, recycle and dispose of their wastes.

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10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property

90.400 Effect of tenant noncompliance with rental agreement or failure to maintain premises; failure to pay rent; damage to persons or property.

(1)

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, a noncompliance with ORS 90.325 materially affecting health and safety, a material noncompliance with a rental agreement regarding a program of recovery in drug and alcohol free housing or a failure to pay a late charge pursuant to ORS 90.260 or a utility or service charge pursuant to ORS 90.315 (4) or 90.510 (8), the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice shall specify the acts and omissions constituting the breach and shall state that the rental agreement will terminate upon a date not less than 30 days after delivery of the notice. If the breach is remediable by repairs, payment of damages, payment of a late charge or utility or service charge, change in conduct or otherwise, the notice shall also state that the tenant can avoid termination by remedying the breach within 14 days.

(b) If the breach is not remedied in 14 days, the rental agreement shall terminate as provided in the notice subject to paragraphs (c) and (d) of this subsection.

(c) If the tenant adequately remedies the breach before the date for remedying the breach as specified in the notice, the rental agreement shall not terminate.

(d) If substantially the same act or omission which constituted a prior noncompliance of which notice was given pursuant to paragraph (a) of this subsection recurs within six months, the landlord may terminate the rental agreement upon at least 10 days' written notice specifying the breach and the date of termination of the rental agreement.

(e) In the case of a week-to-week tenancy, the notice periods in:

(A) Paragraph (a) of this subsection shall be changed from 30 days to seven days and from 14 days to four days;

(B) Paragraph (b) of this subsection shall be changed from 14 days to four days; and

(f) In residential tenancies subject to ORS 90.505 to 90.840, the time lines provided in paragraphs (b) and (d) of this subsection will be governed by the time lines in ORS 90.630 (3).

(2) The landlord may immediately terminate the rental agreement for nonpayment of rent and take possession of the dwelling unit in the manner provided in ORS 105.105 to 105.168 after written notice, as follows:

(a) In the case of a week-to-week tenancy, by delivering to the tenant at least 72 hours' written notice of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

(b) In the case of all other tenancies, by delivering to the tenant:

(A) At least 72 hours' written notice of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or

(B) If a written rental agreement so provides, at least 144 hours' written notice of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

(c) The notices described in this subsection shall also specify the date and time by which the tenant must pay the rent to cure the nonpayment of rent.

(d) Payment by a tenant who has received a nonpayment of rent notice under this subsection is timely if mailed to the landlord within the period of the notice unless:

(A) The nonpayment of rent notice is personally served on the tenant;

(B) A written rental agreement and the nonpayment of rent notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and

(3) The landlord, after 24 hours' written notice specifying the causes, may immediately terminate the rental agreement and take possession in the manner provided in ORS 105.105 to 105.168, if:

(a) The tenant, someone in the tenant's control or the tenant's pet seriously threatens immediately to inflict personal injury, or inflicts any substantial personal injury, upon the landlord or other tenants;

(b) The tenant, someone in the tenant's control, or the tenant's pet inflicts any substantial personal injury upon a neighbor living in the immediate vicinity of the premises or upon a person other than the tenant on the premises with permission of the landlord or another tenant;

(d) The tenant has vacated the premises, the person in possession is holding contrary to a written rental agreement that prohibits subleasing the premises to another or allowing another person to occupy the premises without the written permission of the landlord, and the landlord has not knowingly accepted rent from the person in possession; or

(e) The tenant or someone in the tenant's control commits any act which is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. An act that is "outrageous in the extreme" is an act not described in paragraphs (a) to (c) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. Such an act is more extreme or serious than an act that warrants a 30-day termination under subsection (1) of this section. An act that is "outrageous in the extreme" includes, but is not limited to, the following acts:

(A) Prostitution or promotion of prostitution, as described in ORS 167.007 and 167.012;

(B) Manufacture or delivery of a controlled substance, as described in ORS 475.005 but not including delivery as described in ORS 475.992 (2)(b);

(D) Burglary as described in ORS 164.215 and 164.225.

(4) Someone is in the tenant's control, as that phrase is used in subsection (3) of this section, when that person enters or remains on the premises with the tenant's permission or consent after the tenant reasonably knows or should know of that person's act or likelihood to commit any act of the type described in subsection (3)(a), (b), (c) and (e) of this section.

(5) The landlord's 24 hours' written notice given under subsection (3)(d) of this section shall not be construed as an admission by the landlord that the individual occupying the premises is a lessee or sublessee of the landlord.

(6) With regard to "acts outrageous in the extreme" as described in subsection (3)(e) of this section, an act can be proven to be outrageous in the extreme even if it is one that does not violate a criminal statute. In addition, notwithstanding the reference in subsection (3) of this section to existing criminal statutes, the landlord's standard of proof in an action for possession under this subsection remains the civil standard, proof by a preponderance of the evidence.

(7) If a good faith effort by a landlord to terminate a tenancy pursuant to subsection (3)(e) of this section and to recover possession of the rental unit pursuant to ORS 105.105 to 105.168 fails by decision of the court, the landlord shall not be found in violation of any state statute or local ordinance requiring the landlord to remove that tenant upon threat of fine, abatement or forfeiture as long as the landlord continues to make a good faith effort to terminate the tenancy.

(8) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice shall specify the acts constituting the drug or alcohol violation and shall state that the rental agreement will terminate in not less than 48 hours after delivery of the notice, at a specified date and time. The notice shall also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within 24 hours after delivery of the notice. If the tenant cures the violation within the 24-hour period, the rental agreement shall not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement shall terminate as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least 24 hours' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant shall not have a right to cure such a subsequent violation.

(9) Except as provided in this chapter, a landlord may pursue any one or more of the remedies listed in this section, simultaneously or sequentially.

(10) Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or ORS 90.325.