Q: I have a rental in Oregon, tenant was under long term lease. Gave tenant 30 day with cause eviction. Tenant responded
by email and agreed to move out in 60 days. Can I hold them to that email if they change their mind?
A: The devil is in the details of course and one would need to carefully review both yours and their notices as well as the delivery methods to know if either are enforceable. That said, in principle you should be able to evict based on your for cause notice if the objected to behavior still occurs after the 14 day cure period. Regardless of your notice and any cured behavior, if he provided notice that he was terminating the tenancy, that should be enforceable and not something you have to let him out of if he changes his mind. Do note, however, that neither text message nor email are legal methods of providing enforceable notice to either the landlord or the tenant. So if he only sent email notice of terminating his tenancy, its enforceability may or may not be questionable. A Judge might let you waive objections to the form of the notice (email) and still enforce it or a stricter Judge might say too bad, it was not a lawful form of notice. You might want to review everything with an Oregon landlord-tenant attorney.
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