Q: Can my landlord edit a no cause eviction notice from 30 to 60 days or does he have to re issue a new one?
I was given a 30 day no cause eviction notice on 1/10/18. I immediately looked up the laws and saw I should be getting 60 days (I have lived here almost 3 years, go month to month now after the first year, and he is pursuing a no cause) so I texted him asking why I wasn't getting 60 days. No response for a week so I took screenshots of Oregon laws and texted them to my landlord and asked again. He showed up a couple weeks later apologizing saying I was right about the 60 days, but all he did was copy the first eviction notice and change the out date from 2/10/18 to 3/10/18, but I thought he would have to restart the whole eviction process with a new 60 day eviction notice starting the day he gave me the new one, instead of just editing the first one. He even put a note on the edited one saying he messed up and changed it to 60 days. This all started after my new downstairs neighbor left a rude note on my door about my children being too loud, we have no insulation in the walls here.
A: The only question here (assuming your posting is accurate of course) is what you want to do. You are absolutely correct, the landlord cannot "amend" the no cause notice without giving you at least 60 days notice from the date it is served. But why oh why are you telling the landlord about his errors? As you found out, he just fixes it (well, he tries to) and you have cut short the amount of time you can otherwise stay. S
1 user found this answer helpful
A: So if your desire is to stay as long as you can, or until you are ready to provide a 30 day termination notice of your own, just stay quiet. When the "60" day notice is up, if you are still there, the only thing the landlord can do is either discover his error and start over or file to evict you under the defective notice. If he does that, you will gain an additional 1-3 weeks before he starts over with a new 60 day notice. If he files in court, not only should you prevail but the landlord will likely owe you your court costs and attorney's fees. Many attorneys would even represent you on a contingency meaning they would not even charge you for their fees but rather would collect their fees from the landlord. So if you have any questions, just review them with a local landlord-tenant attorney. Good luck.
1 user found this answer helpful
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