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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33771
Experience:  15 years real estate, Realtor. Landlord 26 years
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I received a" 30 Day Notice of Termination without cause"

Customer Question

I received a " 30 Day Notice of Termination without cause" 01.04.16 and have no place to go. We are current on rent, have all of our worldly possessions on site and are wondering how this can be legal. Please give us hope. **** ********* ** ****** ** ***** *** *** **** * **** ***
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand. Are you in a lease? Or in a month to month rental agreement?

Expert:  P. Simmons replied 11 months ago.

I am sorry for this dilemma. But not sure I understand. Are you in a lease? Or in a month to month rental agreement?

Customer: replied 11 months ago.
Hello Philip,
Dilemma is an excellent description. 02.01.15 We entered into a verbal agreement to pay $750.00 per month for rent . *****, ( landlord ) waived first, last and all other fees full well aware of the fact we did not, nor do we have means to move anywhere elsewise.
We cannot afford to pay you Philip, so please honor your initial request of $5.00 as payment in full.
Pay it forward,
**** & ***
Expert:  P. Simmons replied 11 months ago.

**** & ***...I am sorry and understand you can not pay. I will opt out and perhaps someone else will work for free.

best of luck

Customer: replied 11 months ago.
Thank you Phil, I guess it's true, if it seems to good to be true, it probably is. We look forward to your referral.
Peace.
Expert:  Barrister replied 11 months ago.

Hello, different expert here...

.

I can only tell you what the law says about your situation, but I don't make any judgments one way or the other..

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In OR, if you are not under a fixed term lease, then you are month to month and either party can terminate the tenancy with proper notice.

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The landlord only has to give you a written notice, either 30 days if you have lived there less than a year, or 60 days if over a year, before he could terminate your tenancy.

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After the proper notice expires, then the landlord can't just throw you out and lock the doors and keep your property.. He still has to file a formal eviction action in court and get a judgment and a writ of possession to have the sheriff serve on you so he can legally retake possession.

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This process takes about 3-4 weeks more, depending on the court's and sheriff's schedules as well as how aggressive the landlord is..

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So you would be looking at around 2 months before the landlord could legally force you to move out if you have lived there under a year. If you have been there over a year, then the notice is defective and you can use that to defeat any court eviction action because the landlord hasn't complied with the law.

.

.

thanks

Barrister

Customer: replied 11 months ago.
Thank You ! This was very helpful. Thank you for confirming my findings! Maybe now I can get some sleep.
Peace, Jeff
Expert:  Barrister replied 11 months ago.

You are very welcome. Glad to help out..

.

.

thanks

Barrister

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