Eugene, OR asked in Landlord - Tenant for Oregon

Q: I recently received a Pay or quit notice for non-payment of rent (3 months + this month). Basically saying if we don't

pay by the 8th we need to move by the 15th. Assuming we move and turn in the keys by the 15th, will this turn into an eviction? Also, we paid last months rent when we moved in, can this be used towards unpaid rent? Lastly, do I only have to pay the amount due assuming I leave or do I still have to pay the remaining months that would have been on the lease?

Edit: the exact wording of the pay or quit is: "You haven’t paid the rents for August, September, October, and November in 2019 so the lease agreement will be terminated immediately and move out by November 15th, 2019 if the remained rents were not paid by November 8th, 2019." There's some other info but I admitted it for privacy on address. Is this not a valid pay or quit notice?

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

A: Either your understanding is in error or the Pay or Quit Notice may be defective. You could have been served either a 144 hr or a 72 hr notice to pay your rent owed by the deadline or to get out by the same deadline. Do neither, and the landlord is free to file an eviction lawsuit against you in the local court. A 144 hr notice cannot be served to you prior to rent being at least more than 4 days late; a 72 hr notice cannot be served until rent is more than 7 days late. So if your notice includes a demand for November rent, and it is a 72 hr notice, it most likely is defective. Also, only rent can be included in the demanded amount - not late fees, utility payments, etc. IF the notice was only served by mail (save the envelope with the postmark on it), then an additional 4 days, including the day of mailing, must be added to the compliance date, meaning a 3 day/72 hr notice served only by mail turns into a 7 day notice, including the day it was mailed. Not matter what, you will owe rent for every day you are in possession of the dwelling and if you are under a pay or quit notice, any last month's rent deposit you paid when you moved in does NOT get to be applied towards the amounts due in order to satisfy the pay or quit notice. It does, however, have to be credited against any amounts you owe the landlord and accounted for in writing (or refunded in full) by the landlord to you within 31 days of your restoring possession to the landlord. Same thing for any security deposit you may have. Questions? Review everything with a local landlord-tenant attorney.

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