Q: My landlord served me with a 72 hr notice to vacate asking me to pay 450 then served me with another 72 hr notice askin
Asking me for 1350 Certified Mail then told me if I wasn’t out they were evicting me and I have text messages stating to me they would not accept any rent
A:
Assuming you are asking about a residential rental in Oregon, a landlord is free to serve multiple notices at the same time or while the compliance period is still going on. If the tenant pays in full during the 72 hours, a landlord is obligated to accept it and if you can prove you timely tendered full payment and it was refused, you likely would have a winning defense in an eviction action. A landlord is not required, however to accept anything less than full payment or to accept payment after the end of the specified 72 hours.
This said, for the 72 hour notice to be valid and enforceable, it must contain accurate and all the required information and it must be lawfully served on the tenant - and if it was served only by certified mail, it was NOT legally served and should be able to be beaten if it goes to trial in court, with the tenant being entitled to stay and recover their court costs and attorneys fees from the landlord. Going this route however is likely to end up with the landlord ultimately terminating your tenancy if you are on a month to month tenancy or not renew any fixed term lease.
Questions? Save ALL documents that in anyway relate to all this (including envelopes) and take them to a landlord-tenant attorney for review and to learn your rights and obligations. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.