Fill and Sign the Oregon 24 Hour Notice Form

24 HOUR NOTICE OF TERMINATION OF RESIDENTIAL LEASE TO: Tenant(s):       FROM: Landlord                                                       Address of Leased Premises:       TAKE NOTICE: your Lease is hereby Terminated due to your default under the terms and conditions of said Lease Agreement, by reason of the following breach or breaches thereof:                         You must vacate and surrender the leased premises unto Landlord within the twenty-four notice period, said notice period expiring at:       o’clock [a.m./p.m.], on the       day of       , 20       . LANDLORD RESERVES ALL RIGHTS AND REMEDIES UNDER THE LEASE AGREEMENT AND UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO CONTRACTUAL DAMAGES FOR UNPAID RENT, AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF SAME. If you have any questions, please call       , at       . Signed, this the       day of       , 20       , being at least the 5 th day the rent has remained due and unpaid. Signed: ____________________________________ Landlord/Lessor or authorized agent 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 Form Note (not part of 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. … (3) Except as provided in subsection (4) of this section, the landlord, after at least 24 hours' written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, 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 to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant; (b) The tenant or someone in the tenant's control recklessly endangers a person on the premises other than the tenant by creating a serious risk of substantial personal injury; (c) 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; (d) The tenant or someone in the tenant's control intentionally inflicts any substantial damage to the premises or the tenant's pet inflicts substantial damage to the premises on more than one occasion; (e) (A) The tenant intentionally provided substantial false information on the application for the tenancy within the past year; (B) The false information was with regard to a criminal conviction of the tenant that would have been material to the landlord's acceptance of the application; and (C) The landlord terminates the rental agreement within 30 days after discovering the falsity of the information; (f) 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 (g) The tenant, someone in the tenant's control or the tenant's pet commits any act that 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 (e) 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 by a person: (A) Prostitution or promotion of prostitution, as described in ORS 167.007 and 167.012; (B) Manufacture, delivery or possession of a controlled substance, as described in ORS 475.005, but not including: (i) The medical use of marijuana in compliance with ORS 475.300 to 475.346; (ii) Possession of, or delivery for no consideration of, less than one avoirdupois ounce of marijuana as described in ORS 475.992(2)(b) or (4)(f); or (iii) Possession of prescription drugs; (C) Intimidation, as described in ORS 166.155 and 166.165; or (D) Burglary as described in ORS 164.215 and 164.225. (4) If the cause for a termination notice given pursuant to subsection (3)(a), (c), (d) or (g) of this section is based upon the acts of the tenant's pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. The notice shall describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours' written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement and take possession in the manner provided in ORS 105.105 to 105.168. The tenant does not have a right to cure this subsequent violation. (5) 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) to (d) and (g) of this section. (6) The landlord's 24 hours' written notice given under subsection (3)(f) of this section is not an admission by the landlord that the individual occupying the premises is a lessee or sublessee of the landlord. (7) With regard to "acts outrageous in the extreme" as described in subsection (3)(g) 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 subsection (3) of this section remains the civil standard, proof by a preponderance of the evidence. (8) If a good faith effort by a landlord to terminate a tenancy pursuant to subsection (3)(g) 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 may 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. (9) 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 does 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 does not have a right to cure this subsequent violation.