Q: Can landlord legally give a 72 hr notice on 4th day past due??
We've been renting this same place for 3 years on a month to month in Columbia county, my landlord gave us a 30 eviction notice for hooking up our personal washer when his quit working. Our rent is due the first of the month with a 4 day grace period. We are at day 4 today and he texted me last night telling me if we don't pay by the 4th he's gonna give us a 72-hr notice to move. I've done quite a bit of research on the topic and reviewing Oregon tenant laws, so my understanding is he legally would not be able to serve a 72 hr notice to us until the rent is more than 7days past due and if we pay within that time we can stay until our original 30 days is up, am I correct in all this? Is this something I should respond to him about by telling him he can't serve us that till the 8th day? (If I'm correct) thank you! I believe he thinks we won't question what he says or that we actually know our rights
A:
You are quite correct that he cannot lawfully serve a 72 hr notice until your rent is at least a full 7 days past due - and then it must be properly worded and lawfully served (text messages and email do NOT comply), and yes, if you pay the full amount due within the 72 hours, the landlord must accept it and has no grounds to evict. As for the thirty day for cause, it too has to be properly worded and lawfully served, and it has to give you 14 days to simply disconnect your washer and hook his up again and you get to stay. Further, you should demand that he immediately fix the washer and may be entitled to pay reduced rent until he does. Plus I am not at all sure a Judge would throw you out for using your own washer when the landlord won't fix the one supplied, assuming using yours is causing no damage. On top of that, while possible, I have never seen a lease that prohibits you from using your own washer and if it does not, you can hardly be liable for breaching it if you do use your own.
As for responding to him or telling him that he can't give you a 72 hr notice yet, you can but why would you? The longer he goes with not doing things right, the longer it is before he can legally terminate your tenancy and the more time you have to find a new place and make an orderly move. If he tries to remove you or actually gives you notices, consider reviewing it all with a landlord-tenant attorney to learn your exact rights and chart a course of action. If he files in court and you win, the landlord will owe you your court costs and attorneys fees so an attorney might represent you free, collecting their fees from the landlord, after having reviewed everything and determining the merit of your case. If you have trouble finding an attorney in Columbia County, many of us in the Portland area routinely represent clients in Columbia County. Good luck.
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