Q: We were given a 90 day No-Cause Eviction on May 1st. We have found a place to rent and would like to move sooner.
Do we have/need to give a 30-day notice?
A: Ultimately it depends upon the wording of your 90 day notice but most such notices don't say that your tenancy terminates anytime up to day 90 but rather on day 90. If so, and you want to terminate before then, then you are obligated to give a 30 day written notice (not email, text, verbal, etc.) or pay rent for up to an additional 30 days after move out or day 90, whichever comes first. That said, there are only a very few number of reasons a landlord can give a valid 90 day no cause termination notice and, if you are within the Portland city limits, you likely are also potentially owed relocation assistance payments from the landlord as well as written notice of your rights with the 90 day notice and again with the relocation assistance payment (due at least 45 days prior to the termination date in the 90 day notice). Not being served that written notice of your rights may be worth up to 3 months rent plus your court costs plus your attorney's fees. Does your issuing a 30 day voluntary termination notice negate a landlord's duty to pay relocation assistance pursuant to his 90 day notice? Unclear - just one of the many ambiguities in the various statutes and ordinances. Questions on all this? Want to know your rights? Review everything with a local landlord-tenant attorney. Good luck.
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