Fill and Sign the 10 Day Form

10 Day Notice of Termination for Recurring Breach For Breach Recurring Within 6 Months of Previous Breach – Residential TO: Tenant       FROM: Landlord                                                       Address of Leased Premises:       PLEASE TAKE NOTICE: you are in noncompliance under the terms and conditions of the Lease Agreement, due to your material non-compliance with the Lease Agreement:[describe non-compliance]                         You were given notice of substantially the same act or omission which constituted a prior noncompliance on or about the       day of       _________, 20       . Because substantially the same act or omission has recurred within six months, the landlord hereby exercises the right to terminate this lease. Your Lease Agreement will terminate 10 days from your receipt of this notice and you must be moved out by the date of termination, that being the       day of       _________, 20       . THIS NOTICE OF TERMINATION IS GIVEN PURSUANT TO APPLICABLE LAW AND IN NO WAY IMPAIRS ANY OF THE OTHER REMEDIES OR RIGHTS OF THE TENANT, EITHER UNDER THE LEASE AGREEMENT OR UNDER APPLICABLE LAW. If you have any questions please call       at       . Issued this the       day of       , 20       . Signed: Landlord Notice of Termination – page 1 PROOF OF DELIVERY A copy of this Notice was delivered to Tenant: by hand by first class mail at the above address, which is: the place designated by Tenant for receipt of communications; Tenant’s last known place of residence; Notice delivered/mailed by: Sign Name Print Name In his/her capacity as: Landlord/Lessor; Manager; Agent. Notice delivered/mailed on: [date] Notice of Termination – page 2 INSTRUCTIONAL NOTE (this is not part of the form) 90.400 Effect of tenant noncompliance with rental agreement or statute; failure to pay rent; damage to persons or property; false information; drug or alcohol violations. (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), 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 does not terminate. (d) If substantially the same act or omission that constituted a prior noncompliance of which notice was given pursuant to paragraph (a) of this subsection reoccurs within six months after the date specified in that notice as the date for remedying the prior noncompliance, 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. The tenant does not have a right to cure this subsequent breach. The date of termination specified in the 10-day notice given pursuant to this paragraph may not be sooner than the date of termination specified in the 30-day notice of the prior noncompliance given pursuant to paragraph (a) of this subsection. A landlord may not terminate a rental agreement pursuant to this paragraph if the only breach is a failure to pay the current month's rent. (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 (C) Paragraph (d) of this subsection shall be changed from 10 days to four days. … Editor’s Notes