Legal Question in Landlord & Tenant Law in Oregon

Re: legal laws for landlords

You have a choice of notices to give the tenant. There is either the 72 hour notice to pay or vacate or a 30 day termination of lease notice.

If you don't have a lease then the 30day form will work. Use the 30day notice if you believe the tenant may be a defense to the nonpayment of rent (generally habitability issues or dispute over whether payment was made). Obviously it takes more time, but it has greater success probability.

The notices are very technical - they have to properly served (personal service is the best) although post & mail works too. The time frames have to be absolutely correct -- you have to tell the tenant by when they can pay you or by when they are to vacate.

It is best to obtain a sample form to use. Contact a lawyer or landlord organization to get one. Don't use old forms as the law changes and don't use forms from out of state.

If the tenant does not move at the end of time period (either 72 hours or 30days depending on which notice you use) then you will need to start an eviction by filing an FED claim in circuit court.

If this is your first time doing an eviction, it would be good to consult with a lawyer because some tenants know how to play the system and can manage to stay rentfree for a long time. Judges expect landlords to follow the law with scrupulous detail.