Rainier, OR asked in Landlord - Tenant for Oregon

Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?

Related Topics:
1 Lawyer Answer

Gregory L Abbott

Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by "eviction via email". An eviction is only done pursuant to a court Order, after a lawsuit has been filed. A landlord gives a termination of tenancy notice to a tenant, either for cause or without cause (but it now must be for a legally permissible reason to be valid and enforceable). Any/all such termination of tenancy notices MUST be in writing (i.e. on paper) and served either in person or by regular first class mail (NOT certified and it must include an extra 4 days for compliance to allow for the mailing time (including the day it is mailed). Or, if a written lease provides for it, a termination of tenancy notice may be posted on the main entrance door and mailed regular first class to the tenant (no extra 4 days for compliance required). Email does not count and does not constitute valid notice of termination. Email can only be validly used for providing actual notice to a landlord or tenant and even then only if a written lease authorizes it. It is never a valid form of notice for required written notices, which all termination of tenancy notices must be. This all said, if your desire is to maximize the time you have to move out, you may wish to simply stay quiet about potentially invalid notice to the landlord since as soon as they figure out their error, they are likely to serve you a new, valid, notice. Better to stay quiet and wait the 90 days. If they file to evict, you likely have a full defense; if they figure out the defect, they still have to start over and issue a new 90 day no cause notice (assuming you are referring to a no-cause notice to start with. Even if it is a for cause notice, it still has to be validly served to be enforceable so it just means instead of 90 days, it most likely would be 30 days). IF you intend to rely upon defending if necessary based upon being served an invalid notice, you may wish to take your lease and the notice to a local landlord-tenant attorney to confirm that you have a solid case before you rely too heavily on that idea on your own. If it should turn out that the notice IS somehow valid, better you know it long before the 90 days (or even 30) has expired and before you risk your rental record and the cost of pursuing an eviction proceeding. 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.