Eviction Notice Template Oregon

EVICTION NOTICE TEMPLATE OREGON

1. DOCUMENT PREAMBLE & RECITALS

THIS EVICTION NOTICE AND DEMAND FOR COMPLIANCE OR POSSESSION (the "Agreement" or "Notice") is entered into and made effective as of [Effective Date] (the "Effective Date"), by and between [Landlord/Property Manager Name], having a principal place of business or residence at [Landlord Address] ("Landlord"), and [Tenant Name(s)], currently residing at [Rental Property Address] ("Tenant").

WHEREAS, Landlord and Tenant entered into a certain residential lease or rental agreement dated [Lease Date] (the "Lease Agreement") concerning the real property located within the State of Oregon, County of [County Name], more particularly described as [Legal Property Description or Street Address] (the "Premises"); and

WHEREAS, Tenant has breached the terms of the Lease Agreement and/or the laws of the State of Oregon, specifically under Oregon Revised Statutes (ORS) Chapter 90, by failing to pay rent, violating material lease covenants, or committing acts constituting a forcible detainer; and

WHEREAS, Landlord issues this Notice in strict accordance with the mandatory statutory requirements of Oregon law to demand either the immediate cure of said defaults or the absolute surrender and delivery of vacant possession of the Premises to Landlord;

NOW, THEREFORE, pursuant to the applicable statutes of the State of Oregon, Landlord hereby provides formal legal notice and demands compliance or vacation of the Premises as set forth herein.

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2. OPERATIONAL DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings ascribed below, and such definitions shall apply equally to the singular and plural forms of the terms defined:

1. "Applicable Law" means all federal, state, and local statutes, codes, ordinances, regulations, and judicial precedents governing residential tenancies within the State of Oregon, including specifically ORS Chapter 90 (Residential Landlord and Tenant).
2. "Business Day" means any calendar day, excluding Saturdays, Sundays, and legal holidays recognized by the State of Oregon, during which state courts are open for the filing of legal actions.
3. "Default" means any breach, violation, or non-performance by Tenant of any covenant, term, condition, or statutory obligation contained within the Lease Agreement or Applicable Law.
4. "Effective Date of Notice" means the date upon which this Notice is legally deemed served upon Tenant pursuant to the service methods authorized under ORS 90.155.
5. "Landlord" means the owner, lessor, or sublessor of the Premises, or the designated property manager or authorized agent acting on behalf of the owner.
6. "Lease Agreement" means the written or oral contract for rental of the Premises, including all duly executed amendments, addenda, and rules incorporated therein.
7. "Outstanding Balance" means the total cumulative sum of unpaid rent, late fees, utility charges, and any other monetary assessments lawfully due and owing under the Lease Agreement, amounting to [Total Dollar Amount Owed].
8. "Premises" means the specific residential dwelling unit, including any appurtenant storage areas, parking spaces, and exclusive-use yards, located at [Rental Property Address].
9. "Tenant" means all adult persons, occupants, and signatories obligated under the Lease Agreement to pay rent and perform the covenants of the tenancy.

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3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Statement of Default. Tenant is hereby notified that Tenant is in material default of the Lease Agreement and/or ORS Chapter 90 for the following specific reason(s): [ ] Nonpayment of Rent: Failure to pay rent in the total amount of [Dollar Amount] due for the rental period(s) of [Rental Periods]. [ ] Material Noncompliance: Violation of lease terms or statutory duties regarding [Specify Lease Violation, e.g., unauthorized pets, subletting, nuisance]. [ ] Cause: Other statutory grounds pursuant to ORS [Insert Statute Section].
2. Factual Description of Violation. The specific facts, dates, and circumstances constituting the grounds for this eviction notice are as follows: [Detailed Factual Narrative of Breach].
3. Obligation to Cure or Vacate. Tenant shall, within the statutory cure period set forth in Section 4 of this Notice, either: (a) Completely cure the Default by paying the Outstanding Balance and/or permanently ceasing and remedying the noncompliance described herein; or (b) Vacate and surrender peaceful, vacant possession of the Premises to Landlord, returning all keys, security devices, and access cards.
4. Right of Inspection. Landlord or Landlord's authorized agent reserves the right to enter the Premises upon lawful notice pursuant to ORS 90.422 to inspect the condition of the Premises and verify the execution of any required cure.
5. Continuation of Rent Obligations. The issuance of this Notice does not waive, release, or extinguish Tenant’s obligation to accrue and pay rent for all periods during which Tenant retains actual or constructive possession of the Premises.

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4. DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach and Cure Periods. The nature of the Default dictates the statutory cure and termination timeline under Oregon law: (a) For nonpayment of rent under a 72-hour or 144-hour notice (pursuant to ORS 90.394), Tenant must cure the default within [30 Business Days / Statutory Period] from the Effective Date of Notice. (b) For material noncompliance remediable by cure (pursuant to ORS 90.392), Tenant must cure the default within 30 business days from the Effective Date of Notice. (c) For non-remediable violations or repeat violations, this Notice constitutes an unconditional termination of the tenancy effective as of [Termination Date].
2. Consequences of Failure to Cure. If Tenant fails to fully cure the Default or surrender possession of the Premises on or before the expiration of the applicable cure period, the Lease Agreement shall automatically terminate, and Tenant’s continued occupancy shall constitute unlawful holdover and forcible detainer under ORS 105.110 through 105.168.
3. Legal Recourse and Judicial Proceedings. Upon Tenant's failure to comply with this Notice, Landlord shall immediately pursue all available legal and equitable remedies, including filing a Forcible Entry and Detainer (FED) action in the Circuit Court of the State of Oregon for [County Name] County to recover: (a) Immediate restitution and possession of the Premises; (b) Twice the periodic rent or actual damages sustained, whichever is greater, pursuant to ORS 90.425 or ORS 90.394; and (c) Reasonable attorney fees and statutory court costs as permitted by Applicable Law and the Lease Agreement.
4. Reservation of Rights. All remedies provided herein are cumulative and non-exclusive. Landlord’s election to pursue one remedy shall not constitute a waiver of any other available right or remedy.

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5. BOILERPLATE LEGAL PROVISIONS

1. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and each remaining provision shall be valid and enforced to the fullest extent permitted by Applicable Law.
2. Entire Agreement. This Notice constitutes the entire expression of Landlord's demand and supersedes all prior oral or written negotiations, representations, or understandings between the parties regarding the subject matter hereof. No modification, amendment, or waiver of any term of this Notice shall be valid unless executed in writing by Landlord.
3. Force Majeure. Neither party shall be held liable for any failure or delay in performance under this Notice (excluding Tenant's monetary obligations to pay rent) if such failure arises directly from acts of God, war, natural disasters, governmental restrictions, or other extraordinary events beyond the reasonable control of the affected party.
4. Governing Law and Venue. This Notice, and all legal relationships arising herefrom, shall be governed by, construed, and enforced in accordance with the substantive laws of the State of Oregon, without regard to its conflict of laws principles. Any legal action arising out of this Notice shall be brought exclusively in the state courts located within [County Name] County, Oregon.
5. Dispute Resolution and Attorney Fees. In the event any dispute, judicial action, or arbitration arises out of this Notice or the underlying tenancy, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including reasonable attorneys' fees, expert witness fees, and court costs, as awarded by the court.

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6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord (or Landlord's duly authorized legal counsel and contracts specialist) has executed this Notice as of the date set forth below.

LANDLORD:

Entity Name (if applicable): [Landlord Entity Name]

By: ____________________________________________________ Signature of Landlord or Authorized Agent

Name: [Signatory Name]

Title: [Signatory Title, e.g., Managing Partner / Corporate Counsel]

Date: [Execution Date]

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CERTIFICATE OF SERVICE

I hereby certify that on [Date of Service], a true and correct copy of this Eviction Notice Template Oregon was served upon the Tenant(s) named herein by the following method authorized under ORS 90.155: [ ] Personal delivery to Tenant. [ ] First-class mail and attachment to a secure location upon the main entrance of the Premises. [ ] Certified mail, return receipt requested.

Serving Agent Signature: ____________________________________________________ Printed Name: [Server Name]