Q: In oregon are there any exceptions to the law about when notices can be given, specifically the the 72 hour
Pay or quit notice. That cannot be given any sooner than the 8th day that your rent is late..or can it?
A: Technically I suppose a 72 Hr. notice can be served anytime the landlord feels like it. It is not enforceable however unless it has been served until after the rent is at least a full 7 days late. Do note that it can only demand payment of rent by the end of the 72 hours - late fees, utility payments, fines, damage reimbursement, etc. can be grounds to serve and enforce a 30 day for cause notice but they can NOT be included in the amount demanded in a 72 hr notice or it will invalidate the notice. If the landlord attempts to evict on the basis of a defective notice - defective for any reason - the tenant should win and be awarded their court costs and attorneys fees. This is the sort of case an attorney would likely take on contingency wherein the tenant would not have to pay the attorney for their time (after the initial evaluation and confirmation that there is a solid case) but rather the attorney would collect from the landlord upon winning. If, somehow, the tenant lost, the attorney simply doesn't get paid. Good luck.
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