US Legal Forms
Localized Forms
Oregon
Bend
Oregon 10 Day Notice to Remedy Reoccurring Breach - Other than...

Bend Oregon 10 Day Notice to Remedy Reoccurring Breach - Other than Nonpayment of Rent - Residential

Name: Bend Oregon 10 Day Notice to Remedy Reoccurring Breach - Other than Nonpayment of Rent - Residential
Brand: US Legal Forms
Rating: 4.73 (372 reviews)

Category:

Landlord Tenant - Residential Leases - Termination

State:

Oregon

City:

Bend

Control #:

OR-1238LT

Format:

Instant download

Upgrade to a Package! This form is part of a package. Get several related forms for the price of one! Go to Package

Description

This form provides notice to the tenant that the lease is terminated due to the recurrance of a breach within 6 months of a substantially similar breach. No chance to cure is allowed. For additional information, see the Law Summary link.

A Bend Oregon 10 Day Notice to Remedy Reoccurring Breach — Other than Nonpaymenopeneden— - Residential is a legal document used by landlords or property managers in Bend, Oregon, to notify tenants of recurring violations or breaches, other than nonpayment of rent, that need to be rectified within a specific time frame. This notice provides an opportunity for tenants to address the ongoing breaches or violations and resolve the issues before further legal actions are taken, such as eviction proceedings. It is crucial to understand the different types of breaches that may warrant issuing this notice, as outlined below: 1. Noise Disturbance: If a tenant repeatedly engages in activities causing excessive noise disturbances, such as loud music, parties, or disruptive behavior, the landlord can issue a 10-Day Notice to Remedy the Reoccurring Breach related to noise. 2. Unauthorized Pet: If a tenant keeps a pet in the rental property without consent from the landlord or violates pet-related guidelines outlined in the lease agreement, the landlord can issue a 10-Day Notice to Remedy the Reoccurring Breach related to unauthorized pets. 3. Violation of Lease Agreement Terms: This notice can be used to address a variety of recurring breaches that are specified in the lease agreement, such as unauthorized subletting, illegal activities on the premises, excessive property damage, or failure to properly maintain the property. The specific breach should be clearly stated in the notice. 4. Failure to Comply with Local Regulations: If a tenant repeatedly fails to follow local regulations, such as failure to properly dispose of trash, failure to maintain landscaping, or improper parking, the landlord can issue a 10-Day Notice to Remedy the Reoccurring Breach pertaining to non-compliance with local regulations. It is important to note that the content of the notice should include a detailed description of the recurring breach, the specific dates and incidents when the breach occurred, and the necessary steps the tenant must take to remedy the situation within the given 10-day period. Additionally, it should clearly state the possible consequences if the tenant fails to remedy the breach within the specified timeframe. Before issuing a 10-Day Notice to Remedy Reoccurring Breach — Other than Nonpaymenopeneden— - Residential, landlords or property managers should familiarize themselves with the local laws and regulations governing such notices in Bend, Oregon, to ensure compliance and effectiveness. Consulting with legal professionals is recommended to ensure the notice is prepared correctly and can withstand any potential legal challenges.

Columbus Non-Disclosure Agreement for Freelancers

View this form

Colorado Springs Non-Disclosure Agreement for Freelancers

View this form

Cincinnati Non-Disclosure Agreement for Freelancers

View this form

Chula Vista Non-Disclosure Agreement for Freelancers

View this form

Charlotte Non-Disclosure Agreement for Freelancers

View this form

Chandler Non-Disclosure Agreement for Freelancers

View this form

Acceptance Period

View this form

How to fill out Bend Oregon 10 Day Notice To Remedy Reoccurring Breach - Other Than Nonpayment Of Rent - Residential?

If you’ve already used our service before, log in to your account and download the Bend Oregon 10 Day Notice to Remedy Reoccurring Breach - Other than Nonpayment of Rent - Residential on your device by clicking the Download button. Make certain your subscription is valid. Otherwise, renew it in accordance with your payment plan.

If this is your first experience with our service, adhere to these simple steps to get your document:

Make sure you’ve found a suitable document. Look through the description and use the Preview option, if any, to check if it meets your needs. If it doesn’t fit you, use the Search tab above to find the appropriate one.
Buy the template. Click the Buy Now button and choose a monthly or annual subscription plan.
Register an account and make a payment. Use your credit card details or the PayPal option to complete the transaction.
Obtain your Bend Oregon 10 Day Notice to Remedy Reoccurring Breach - Other than Nonpayment of Rent - Residential. Select the file format for your document and save it to your device.
Fill out your sample. Print it out or take advantage of professional online editors to fill it out and sign it electronically.

You have constant access to every piece of paperwork you have purchased: you can locate it in your profile within the My Forms menu whenever you need to reuse it again. Take advantage of the US Legal Forms service to easily find and save any template for your personal or professional needs!

Form popularity

FAQ

Under state and federal laws there are time limits for taking action to enforce your rights. Most lawsuits related to the rental agreement and the Oregon Residential Landlord and Tenant Act must be filed (started in court) within one year of the incident.

Tenants must pay rent each month or risk eviction. SB 891 extends temporary ?Safe Harbor? protections protecting renters from nonpayment eviction until a tenant's rent assistance application is no longer pending. All safe harbor protections expire on Sept. 30, 2022.

If you do not pay the rent within the 72 hours, your landlord may immediately file a court eviction proceeding. In calculating the 7-day period, the day the rent is due counts. For example, if your rent is due on the first of the month, your landlord may give you a 72-hour notice on the eighth of the month.

You cannot be evicted with a nonpayment of rent notice if you fail to pay a late fee. ORS 90.260(6). If you receive a 72-hour or 144-hour notice for nonpayment of rent, you can keep from being evicted by paying the rent owed; you are not required to pay the late fee during the notice period.

Late rent payments You can only be charged a late payment fee once you're 14 days late with rent. The late payment fee must be mentioned in your agreement and you cannot be charged more than 3% APR above the Bank of England base rate. You can only be charged by either your landlord or agent, not both.

According to Oregon law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not commit a violation, they can stay until their lease period ends.

Changes effective July 1, 2022 For renters who provided Documentation before July 1, 2022, the housing provider still may not: Deliver a termination notice for nonpayment; or. Initiate or continue an action for possession based on a termination notice for nonpayment.

Comply With the Eviction Notice, If Possible If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Oregon, the landlord must not proceed with the eviction (see Ore.

Oregon landlords have a choice: They may serve a pay or quit notice after rent is eight days late, giving the tenant 72 hours (three days) to pay rent or quit; or, they may serve the notice earlier, after rent is overdue five days (in which case, the tenant has longer?144 hours (six days)?to pay or quit).

Trusted and secure by over 3 million people of the world’s leading companies

10 Day Notice to Remedy Reoccurring Breach - Other than Nonpayment of Rent - Residential

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.