Q: I rent a room in my landlords house. She told me 30 days to move out. No written notice given. Is 90 day required in PDX
We are on a month to month, no lease currently. She told me I have 30 days to move out, but has given no written notice. In just a few days it will mark a year that I've lived there. Is the 90 day written eviction "no Cause" appliable here, or is a 60 day written notice required since I've been here a year?
A: Any termination of tenancy notice MUST be in writing; contain the minimally required information; and be legally served. How much notice is required depends on the reason for the termination and the location of the rental dwelling. IF it is a no cause termination notice and IF the rental is within the city limits of Portland (not just a Portland mailing address - some of those are outside the city limits), then yes, you are entitled to 90 days notice (3 more if notice is only mailed). Without these, any notice given is likely to be unenforceable. If your desire is to stay as long as you can, don't tell the landlord it is defective any sooner than absolutely necessary. You might want to review everything in detail with a landlord-tenant attorney before counting on any notice as being unenforceable. If you do not voluntarily leave, the landlord's only legal way to remove you is to file to evict and that is when you would asserted the defectiveness of the notice, charging the landlord for your costs and attorneys fees. Good luck.
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