Portland, OR asked in Landlord - Tenant for Oregon

Q: Tenant was mailed 30 day for cause notice with a certificate of mailing. I fear they will claim they did not receive it

The date to inspect for correction of violations is June 25. Can I post the notice to inspect with a copy of the mailed for cause letter tomorrow June 10th. Or personally give her the for cause letter tomorrow to assure receipt even though it was mailed June 6.

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: A landlord's legal obligation is to prove by a preponderance (more likely than not or >50% that they mailed the notice. They have no obligation to prove that the tenant received it. So it does not matter if they claim to have not received it so long as you have a certificate of mailing. While you can, all that is required is at least 24 hours advanced notice of your intent to enter and inspect. They can refuse you entry anytime up until when you actually enter so conventional wisdom says do not give them any more advanced notice than is minimally necessary. Good luck.

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