Strasburg, VA asked in Landlord - Tenant for Oregon

Q: I gave a tenant with a long term lease a 30 day with cause eviction.

tenant emailed and agreed to move with a 60 day extension. We agreed to extension as long as they signed an agreement. Tenant is not returning signed agreement. How long after 30 day eviction ends can I file FED. I am afraid they are dragging their feet until time is up and then I may have to reissue another 30 day notice?

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1 Lawyer Answer

A: I am not quite clear what you are asking but email is NOT a lawful means of serving written notices in Oregon landlord-tenant law. IF that is how you sent the 30 day notice and you may want to rely upon it in court on an eviction action, you might as well immediately start over and serve it properly. That said, if you served a valid 30 day For Cause Termination of Tenancy Notice, you are free to immediately file an FED anytime after the expiration of the Notice. Do NOT accept rent for any time period beyond that 30 days however or you may have waived your right to enforce it and have to start over again. If you provided an agreement that modified the 30 days but required that it be signed and returned, and the tenant(s) has not done so (I am guessing you did not specify a date it had to be returned by), you should send notice that you are rescinding the modification and will rely upon the original 30 day notice - and then stick to it. Regardless, particularly if you are not local, you may wish to retain a local landlord-tenant attorney to handle the matter for you. The slightest error in either law or procedure (or form for that matter) can result in your case being tossed out of court, with you owing the tenant their court costs and attorney's fees. Hence it is wise to maximize your chances of getting things right on the first try. It can be cheaper, faster, and more effective than trying to do things on your own. Good luck.

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