Thursday, March 4, 2010

60 Day No Cause Notice vs. 30 Day No Cause

"Yes, it's true."

That was my comment to a landlord today who was unaware of a new law in Oregon regarding giving a tenant a 60 day no cause notice. When does a 60 day come into play as opposed to a 30 day?

In the past, a landlord could give a tenant on a month-to-month rental agreement a 30 day no cause notice to vacate at any time, as could the tenant give the same notice to a landlord. Now, if a tenant, meaning the same tenant or group of tenants have occupied a dwelling unit for more than one year, the landlord must give them a 60 day notice to vacate. If three tenants live together, and one moves out in three months,and another tenant moves in, the year begins with the arrival of the newest tenant.

Why the change? Retaliation. If a landlord didn't want you around any more, maybe you complained too much or wanted repairs done, they gave you a 30 day notice. But let's face it, a 30 day no cause notice is really a 30 day I-don't-want-to-tell-why notice. After all, if you're paying your rent on time, why would a landlord want you gone? They'll have turn over costs, such as lost rent, cleaning, advertising (OK , Craigslist is free), and time they have to spend rerenting the unit when they could be at the beach, or surfing the Web.

One last thing: tenants can still give a 30 day notice at any time, if they have a month-to-month rental agreement. Fixed term leases can be broken (sort of), but there will be costs.

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