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On the 19 got a letter saying to vacate dec 31with cause.

Customer Question
On the 19 got...

On the 19 got a letter saying to vacate dec 31with cause. Six violation five are false. Never got a warning. What right do i have? 12mo lease till June

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Landlord and tennit

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She my boss very controlling

Submitted: 6 months ago.Category: Legal
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Answered in 1 minute by:
12/6/2017
Lawyer: LegalKnowledge, Attorney replied 6 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,942
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 6 months ago

What State is this in?

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Customer reply replied 6 months ago
Oregon landlord and tennet
Lawyer: LegalKnowledge, Attorney replied 6 months ago

Thank you. Please allow me a moment to respond.

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Lawyer: LegalKnowledge, Attorney replied 6 months ago

Based upon what you shared, it would appear that the proper notice was never given, with a chance to cure. I say that because I have shared below, the statute which controls and as you can see, notice and time needs to be given and if that did not happen, you would have a defense

2015 ORS 90.392

Termination of rental agreement by landlord for cause

  • • tenant right to cure violation

(1)Except as provided in this chapter, after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), unless the tenant cures the violation as provided in this section.

(2)Causes for termination under this section are:

(a)Material violation by the tenant of the rental agreement. For purposes of this paragraph, material violation of the rental agreement includes, but is not limited to, the nonpayment of a late charge under ORS 90.260 (Late rent payment charge or fee) or a utility or service charge under ORS 90.315 (Utility or service payments).

(b)Material violation by the tenant of ORS 90.325 (Tenant duties).

(c)Failure by the tenant to pay rent.

(3)The notice must:

(a)Specify the acts and omissions constituting the violation;

(b)Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and

(c)If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.

(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:

(A)At least 14 days after delivery of the notice; or

(B)If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155 (Service or delivery of written notice). For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.

(b)If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.

(5)(a) If the cause of a written notice delivered under subsection (1) of this section is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation.

(b)A landlord may not terminate a rental agreement under this subsection if the only violation is a failure to pay the current month’s rent.

(6)When a tenancy is a week-to-week tenancy, the notice period in:

(a)Subsection (3)(b) of this section changes from 30 days to seven days;

(b)Subsection (4)(a)(A) of this section changes from 14 days to four days; and

(c)Subsection (5)(a) of this section changes from 10 days to four days.

(7)The termination of a tenancy for a manufactured dwelling or floating home space in a facility under ORS 90.505 (Definition for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of park) is governed by ORS 90.630 (Termination by landlord) and not by this section. [2005 c.391 §7]

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Lawyer: LegalKnowledge, Attorney replied 6 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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