Day Notice With Cure: Fill & Download for Free

I once had a case where a landlord gave 30 day notice to the tenant, but the tenant knew they were entitled to 60-day notice under Oregon law because they had lived there over 12 months. The tenant’s father had been a prominent lawyer in the community, had been a DA and then worked in private practice for years. The tenant was a southern Oregon gold miner, claim flipper type (look it up). He was incredibly arrogant and was being pretty verbally abusive and profane to the landlords.The landlords came to me and I gave them the bad news that they would have to start over with a 60-day notice, and the tenants would have 60 days to surrender the premises.I sent out a new 60-day notice immediately.I got a copy of the rental agreement and picked through it. I drove by the trailer and saw 3 dogs on the property. The rental agreement allowed 1. I sent a letter and a notice of violation and a right to cure by moving two of the dogs.The rental agreement said the tenant was required to have rental insurance. I had the landlord send a letter requesting the name of the company and the policy number. I had no doubt they had no insurance. I told my clients to save all their correspondence for evidence, and to make sure they maintained a professional demeanor.I told the landlord to send workers to the property to clean up piles of trash, with proper notice.The tenants, I believe, got the idea and moved out without an FED. The guy knew enough to know that was going to be next, and he and his common-law wife did not need an FED on their record. I don’t know whether he realized I would have named all the adults as defendants, including his nephew and the 18-year old daughter of his common-law wife, who had been shacking up in a separate RV parked on the property since she was jail bait age. Certainly those young adults did not understand the possible consequences of going along with their parents.There were several nights of fighting on the property and police were called, much of it discussed on Facebook, which they apparently did not realize was public, and the tenants did extensive damage while moving out. I encouraged the landlords to sue them for elder abuse, since one of the landlords was over 65, and while the “parents” were unemployed and not solvent the adult children might have some money someday, but the landlords chose to move on.In sum, be civil. You might even start by asking them politely to terminate the tenancy. Do everything in writing with an eye toward using every note, letter, e-mail, etc as an exhibit for a judge to read. Review your rental agreement and the applicable statutes, give proper notice of actual existing violations with proper notice of right to cure, keep at it. In Oregon, Senate Bill 608 has really shaken up the process, so my 60 day notice would no longer work, and the landlord would have had to do multiple notices of violations and it probably would have taken a lot longer to get the trailer back. I doubt the Oregon legislature intended the amount of animosity that the new law will undoubtedly create between landlords and tenants.Definitely consider hiring a lawyer. Lawyers are good not only for knowing the law, but for perspective. A good lawyer does not get wrapped up in the case. Also, at lease in Oregon lawyers have to carry malpractice insurance, so if they, for instance, screw up a notice and the tenants get to stay another month, you can make a claim against their insurance.

Sounds like you got a notice to cure or quit.The fundamental answer to your question is, pay your rent before the 3 days are up. If you cannot pay your rent, that is a problem. You can look and see if you qualify for any emergency assistance. Run a search on Google emergency rent assistance in your town or county. You can see if you can borrow the money from a friend or family member.If you do not pay your rent before the 3 days are up, then the landlord may file for eviction on the 4th day. The amount of time it takes to be evicted varies greatly by jurisdiction. However, if you are not paying your rent, sooner or later, you will be removed.The other option is to leave. Now, if you leave, this doesn’t mean you don’t owe your rent. You are still obligated under your lease. It just means you won’t have to go through an eviction. Having an eviction on your record makes it very hard to find a new apartment.If this is a mistake, and you did pay your rent, you should provide proof to your landlord that you paid the rent.If you are not certain of your rights, you should look for a landlord/tenant lawyer. If you cannot afford one, you can see if Legal Aid provides representation to people in your situation.Note: This was asked before Covid-19 really got out of hand in the US. Now there could be limitations on the ability to evict based on local, state, and potentially even federal law.

We don’t; in fact we usually couldn’t do that even if we wanted to, as most states require us to serve a notice to vacate before we can even proceed with a formal eviction.That notice you receive directly from the landlord is not an eviction notice. Depending on where you live it might be called something like a notice to “cure or quit”, or just to “quit”, and this is the landlord telling you what you must do to avoid having a legal case filed against you. A notice to vacate is the same as a notice to quit, and this one means that you must move out (plus empty and clean the space and return the keys) within a certain number of days, usually three or five, or you will be formally evicted. A notice to “cure or quit” gives you the additional option to pay what you owe – or fix whatever problem has led to the notice – within those days, to avoid being evicted.Some landlords do actually ask tenants to move, before they even issue their own written notices, but there’s a very good reason why a lot of us don’t. If we’ve reached a point where we’d even contemplate eviction, it means we need to get rid of those people. We could ask, but we’ll have absolutely no way of knowing whether the tenant is actually going to be gone by whatever time they agreed to. If they comply, all is well, but if they don’t, we’re right back where we started. If my tenant hadn’t paid rent on April 1st (under normal non-pandemic circumstances), I could serve them with a five day notice to vacate anytime after midnight on the 2nd. If they didn’t leave by the 6th, I could then file them paperwork with the court to have them evicted. It varies by state and municipality, but in my case they’d be served with the actual eviction notice on the following business day and given a court date within a week or so – though this can take up to two months elsewhere. Typically those tenants would be physically removed by the marshals before the 20th, and unless I eventually get paid for those days through a lawsuit, I’ll have lost 2/3 of a month’s rent.If instead I had simply asked my tenants to leave within five days, their promise to do so would be meaningless in the eyes of the law. Once I determined that they had broken their promise, I’d have to start from scratch by delivering that written notice to vacate and give them an additional five days to comply. That would mean missing out on an additional five days rent, which would be hundreds of dollars in my cheapest unit. Since my goal is to have the evicted tenants removed by the twentieth so I’ll have ten days to clean, paint, and perform repairs in order to move in someone else on the 1st, those five extra days could potentially turn into an extra 25 days, since my leases start on the 1st or 15th. Even if you think these are minor issues, remember that all it takes for a landlord to avoid wasting this time is to serve a written notice immediately.Whether you’re asking about the actual filing in court or the landlord’s own notice, the answer is the same: We don’t ask because a simple verbal agreement isn’t binding in this case, which makes it way too easy for scammers to extend the time they’ll get to live for free or continue trashing a place.