Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?
ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation as provided in this section."
90.392: (4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:
(A) At least 14 days after delivery of the notice
HOWEVER, WHAT ABOUT THIS MENTION OF 30 DAYS?!
90.392:(3)(b)" The notice must…. state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice.”
A: It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30 days to vacate. IF a tenant does neither, then after the 30 days the landlord can file to evict. They should be prepared to prove (the burden of proof will be on the landlord) the original lease violation; that they served a proper 30 Day For Cause Notice; that the tenant still committed the same or very similar violation after day 14; and that they did not get out by day 30. For Cause terminations are not protected under the Covid moratorium statutes. Good luck.
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