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  1. #1
    Join Date
    May 2008
    Posts
    11

    Default 30 Day Notice Starting Day

    My question involves an eviction in the state of: Oregon

    If someone recieves a 30 day no cause notice of eviction on the 1st day of the month with a deadline of the 30th (the last day of the month) is that adequate notice?

    Thanks!

  2. #2
    panther10758 Guest

    Default Re: 30 Day Notice Starting Day

    Is this an eviction or notice to vacate? I am thinking its notice to vacate. I donot have Oregon rent regulations handy but much should depend on how long you have lived in dwelling and possibly some other factors. Here in Ca if one lives in dwelling over a year a 60 day notice is required

  3. #3
    Join Date
    May 2008
    Posts
    11

    Default Re: 30 Day Notice Starting Day

    I believe that it would be equivalent a notice to vacate. After that time period the parties are pretty much forced to go to mediation (scheduled within 15 days after tenant is served) - then next to civil court in front of a judge (another 15 days after that). From what I understand on a month-to-month (without a lease) in Oregon the notice given to the tenant is 30 days no matter how long they have lived there.

    I am not the one being evicted. I am worried that a judge will not count the first day and say that the notice was flawed and dismiss it out of hand even though over 45 days (and the mediation) have passed with the tenants showing no sign of willingness to move.

    Thanks for the quick response!

  4. #4
    Join Date
    May 2008
    Posts
    11

    Default Re: 30 Day Notice Starting Day

    In addition, they were given several months more warning that they needed to find another place before this process began. - Just so I don't sound too mean.

  5. #5

    Default Re: 30 Day Notice Starting Day

    I haven't consulted OR law, but you need to be clear about what you are doing. Is this the beginning of an eviction or are you terminating the lease and asking the tenant to leave? It sounds like the latter, which may be problematic. Many states require that you give notice before the fist day of the last rental period on an "at-will" or month-to-month tenancy. A few allow an absolute 30 days, or 28 days in CA, I think.

    BTW, you don't count the day you deliver the notice, so you only gave the tenant 29 days notice.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: 30 Day Notice Starting Day

    This Oregon State Bar article suggests it's 30 calendar days.

  7. #7

    Default Re: 30 Day Notice Starting Day

    Quote Quoting aaron
    View Post
    This Oregon State Bar article suggests it's 30 calendar days.
    So it would appear that you need to give a new notice tommorow that makes July 2 the deadline because it appears that the first notice is defective.

  8. #8
    Join Date
    May 2008
    Posts
    11

    Default Re: 30 Day Notice Starting Day

    Hello again and thanks for the replies!

    I feel so duped but offer this as a learning experience myself and others. This is pretty long.

    The "people" have abandoned the property - trashed of course - after quite a long ordeal.

    This went to court (late last month) and for a totally different reason the notice was defective - It might have been redundant to rule on the 30 day part. The previous owner's meth-head mother served the notice after altering it from the correct dates (she was described to me as "eccentric" by the realtor - a liar IMO) and actually collected their rent and held it more than ten days before we were able to attempt to return it (immediately after it was discovered - 11 days + ... the judge seemed to count the calendar as many ways as he could possibly use the new math or hold the calendar upside down) the period of the rent collected pretty much started near my first day of ownership (she was IMO stealing money and more important to me TIME in collusion with her druggy renter / friends).

    As a totally unexpected occurence the break that I got was at court they had the nerve to say that their names were technically incorrect on the notice (which were obviously the only names that they would give me!), they saw this as some type of defense - which I believe by the judge's attitude and correction of the court records, it was certainly not.

    Anyway, using the correct legal names they were IMO dumb enough to provide with Google and the public records department, I ended up speaking to their probation officers (why people get probation for distributing meth and endangering children I will probably never know). They were a wealth of information that really opened my my mind about the situation that I was in (Suprise!)

    Turns out that the "meth-head mom" is the stepmother of the person that I bought the property from - who would obviously want to cut ties with her. She does however have a real son who is a violent felon and she is known pretty much as the landlord to parolees (Suprise!)

    I have contacted and attempted to contact legal advice locally and throughout the state (Portland had the best advice although I am in the southwestern part of the state and it is expensive). What I was left with is what happened to me was legally wrong but not worth persuing.

    Just so anyone knows these "people" (renters) bristled, pointed and threatened when the court mediator implied that they were freeloaders have not paid a penny of rent in over 50 days.

    What I wonder now that I hope this is reaching its conclusion is: Since the court day was before I found out that they were on probation/parole (and found out the names of all the people under "supervision" that were living on my property - ***3*** of them - all about 50 strangely ) I wonder If I should tell the parole officer that the *2* that managed to show up to court perjured themself when they said that they and a child ( also part of the sob story ) were the only ones who lived there.

    Another thing - I've read over the law regarding abandoned property - am I really expected to safely store all of their trash that they left behind out in the open in a secure manner except that which is not rotting food?

  9. #9
    Join Date
    May 2008
    Posts
    11

    Default Re: 30 Day Notice Starting Day

    I wanted to edit my previous post but I could not figure out how to. I have a related (definately not duplicate) post in the "Real Estate Law Issues" section of the site for those who are interested. It did not seem to fit in this forum - my troubles seem to expand lately. Thanks for understanding.

  10. #10
    Join Date
    Jun 2008
    Posts
    16

    Default Re: 30 Day Notice Starting Day

    Hi
    I was actually a renter on the receiving end of a no cause eviction. I worked with the management company and they extended my time.. my father drug his feet on seeking new housing and we were 14 days over in getting out. So now we are trying to get them to extend on our storage units there and they will not.. which I do not blame them.
    Here is what happened to a person who gave notice and did not comply with the end date. She refused to speak with management (that is how I was able to push it to 14 days) so they served her with a notice to go to court. In this state.. you do not want to be served with a notice because it is just as bad as having an eviction. You (she) went to court, and I went as a fool.. oops I mean friend to support her. They have you mediate in the hall with the landlords laywer or landlord. They usually are agreeable to whatever it takes to get you out. I thought she was done.. since I helped her move.. ooh I mean I moved her, I and my 74 year old father that is.. she is(legally) my roommate now. She was still not out of her unit. We had lived there (my father and I0 13years, she had lived there 16 years.. that is a lot of accumulation.
    As for storing their stuff.. well I am going through the ugly process of getting her out of the new house we have... and yes you must store their stuff... except rotting food. So I have her stuff she had stuffed into my garage/storage unit, here in my new beautiful houses garage.. sucking up space and stressing me out because my stuff is in peril at the old property.
    Answer about Parole/Probation.. that is the reason she is not living here any longer then the 1 day she was here.. she attempted to sneak her sex offender boyfriend ( who is 55) into the house. So I went down and talked to his parole/probation officer! So there! She could not give me much information due to the law.. but she did state that this creep has been skating for a long time.
    How did I find out about him? didnt cost me a dime! I called the court clerks office gave his name and round about birthday.. I had month and age. BINGO! SCORE!
    So next time you rent either pay the on-line service it is like 15 bucks.. and get the stats.. or call the court clerk!
    I do not know if you can use them as a criminal background check.. but .. umm this is Oregon.. and we are known for our meth heads.. also... age does not mean anything.... it is the person.. some people will never change and are always looking for a way to use you and take advantage of your kindness. So yeah.. I am checking references on all people that want to be my roommate. 1/4 way through this ugliness...
    Best of luck to you!

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