Salem, OR asked in Real Estate Law and Landlord - Tenant for Oregon

Q: can a text message be consider formal notice to vacate, when no dates were given ?

Text stated intent to sell, looking for investors so you can stay. I asked about notice and was told would be given ample time. Then received notice if 30days and was told that was because they told us in the text April 5. I'm at a loss of what to do I sent back that I believed I should be given the 60 days and no response to that.

1 Lawyer Answer

A: Text messages (or email) are not a lawful means of providing notice of the termination of a tenancy - either from landlord to tenant or from tenant to landlord. How much time in a valid notice you are entitled to (assuming you are on a month to month tenancy and the notice is a "no cause" termination notice) depends upon how long you have been there and where you are located in Oregon. Statewide law provides for at least 30 days notice (properly worded and properly served - i.e. by personally handing you the Notice; by mailing it to you regular first class mail (no Certified or other non-standard form of mailing) and adding an additional 3 days to allow for the mailing time; or, if your written lease provides for it, by posting the Notice on your front door and mailing you a copy) if you have been there less than 1 year; 60 days if you have been there for a year or more. Some Cities in Oregon require at least 90 days advanced notice, regardless of how long you have been there, and Portland requires that you be paid relocation assistance money besides. IF you think your notice may be non-compliant or otherwise defective, and you want to gain as much time as possible to look for a new place, do NOT tell your landlord you think the Notice is defective or invalid (they may just fix and immediately re-serve you). Rather review it with a local landlord-tenant attorney to determine your best course of action. IF the Notice truly is defective in either content or method of being served, it can be an absolute defense in court and can result in the landlord's eviction lawsuit being tossed out; the landlord owing you your court costs and attorneys fees; your getting to still stay there; and the landlord having to start over by issuing a new (presumably compliant this time) Notice for 30, 60, or 90 days as is appropriate. Good luck.

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