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

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

Name: Gresham 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:

Gresham

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: Gresham Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property — An Overview Keywords: Gresham Oregon, 10 Day Notice, Nonresidential property, Commercial property, Rent Payment, Lease Termination, Introduction: The Gresham Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property is a legal document used by landlords or property owners in Gresham, Oregon, to address rental payment issues or potential lease termination for nonresidential or commercial properties. This notice serves as an official communication to the tenant, outlining their obligations and potential consequences for non-compliance. Types of Gresham Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property: 1. Nonresidential Property: For properties designated as nonresidential, such as office spaces, retail stores, or industrial units, landlords have the option to issue a 10-day notice to tenants who have fallen behind on rental payments. The notice specifies the overdue amount and provides the tenant with a specific timeframe to settle the outstanding balance. 2. Commercial Property: The Gresham Oregon 10 Day Notice to Pay Rent or Lease Terminated for Commercial Property is similar to the nonresidential notice, but it specifically addresses rental disputes related to commercial properties. Commercial properties include shopping centers, warehouses, or any rental space primarily used for business purposes. This notice is used in cases where the tenant has failed to pay rent within the stipulated time frame, prompting the landlord to take necessary actions. Key Details of Gresham Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property: 1. Tenant Identification: The notice must include the full and accurate identification of the tenant(s), including their legal name(s) and the leased property's address. 2. Outstanding Amount: The notice should clearly indicate the total amount of outstanding rent, including any additional fees, penalties, or late charges, if applicable. 3. Payment Deadline: A specific payment deadline must be provided, typically 10 days from the date of the notice's delivery or posting. The tenant is expected to pay the outstanding rent within this timeframe. 4. Method of Payment: Instructions regarding acceptable forms of payment, such as checks or online transfers, should be clearly outlined within the notice. 5. Consequences of Non-Compliance: The notice should inform tenants of the legal repercussions if they fail to pay the outstanding rent or take corrective action within the specified timeframe. This may include the termination of the lease agreement and possible eviction proceedings. Conclusion: The Gresham Oregon 10 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property is a crucial tool for landlords or property owners to address rental payment issues promptly. By providing specific details and outlining consequences clearly, this notice aims to guide both tenants and landlords towards a fair resolution in accordance with local laws and regulations.

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

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FAQ

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.

Usually, the tenant can only leave at the end of a period (before the next payment of rent is due), but must give at least the amount of notice required in the lease (3 months if not contracted out).

The easiest way to start the process of evicting a commercial tenant is to file for a Possession Claim from the County Court. The Government has an online Court and Tribunal Finder and you'll need to find the court which is closest to the commercial property itself.

Landlords may terminate a month-to-month tenancy without cause only during the first year of occupancy. During the first year, the landlord can give the tenant a 30-day notice to terminate.

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.

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 ?

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.

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.

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.

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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.