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ATTENTION HOUSING PROVIDERS!

HB 4401 allows for service of notice for nonpayment of current moneys owing, but only under very specific circumstances.

This form is provided for your convenience only.

Effective July 1, 2021, Senate Bill 278 requires that when serving a Notice for Nonpayment, the Landlord must include a notice about a Tenant’s rights to be protected from eviction. This notice must also be included with any court summons for eviction for nonpayment. “Nonpayment” means the nonpayment of a payment that is due to a Landlord, including a payment of Rent, Late Charges, utility or Service Charges or any other Charge or Fee as described in the Rental Agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to90.584 or 90.630.

YOU ARE STRONGLY ADVISED TO SEEK PROFESSIONAL LEGAL COUNSEL BEFORE TAKING ANY ACTION AGAINST YOUR RESIDENTS AT THIS TIME!!!

Form #38 : NOTICE OF TERMINATION

WITH CAUSE

Required entries are indicated by blue icons or *

Tenant(s)* (required)

Tenant(s)

et al (and all others)

Property Address* (required)

Unit #

City (Oregon ONLY)

OREGON Zip Code

Date of Service

TIME SERVED PERSONALLY TO EACH INDIVIDUAL NAMED ABOVE:

TIME POSTED & MAILED:

MAILED:

Your tenancy will terminate on

Termination Date

(not less than 30 days, 34 days if served by mail ONLY from Date of Service)

This notice is being given because of a violation of (1) the Rental Agreement, (2) Tenant(s) duties specified in ORS 90.325, or (3) the obligation to pay Rent, as follows:

If this violation can be cured, you must cure it by this date*:

MM/DD/YYYY

*If the violation is ongoing, the remedy date must be at least 14 days, 18 days if the notice is served by mail ONLY, from the Date of Service. If the violation was conduct that was a separate and distinct act that is not ongoing or sufficiently repetitive over time that it could be considered ongoing, the date can be as early as the Date of Delivery of the notice or 4 days from the Date of Service if served by First Class Mail ONLY.

Remedies for this/these violation(s) include:

If Tenant(s) satisfactorily cure(s) the violation, the agreement will not terminate. If Tenant(s) do/does not satisfactorily cure the violation, the Rental Agreement will terminate on the date set forth above and Tenant(s) must vacate the Rental Unit by that date.

If you are on a fixed-term lease, be advised your Landlord has the option to terminate your tenancy at the end of your lease if you have received three or more Notices for Noncompliance (including Nonpayment of Rent) within a 12-month period preceding the end of the fixed term. Owner/Agent may terminate the tenancy by issuing a 90-Day Notice prior to the lease end date, or 90 days prior to the date designated in the notice, whichever is later. Correcting the third or subsequent violation is not a defense to the termination.

This is your

1st, 2nd, 3rd

violation in the last 12 months.

Please Note: Signature field must be filled in and signed after printing.


Owner/Agent Signature:				Date:

Owner/Agent

Address

City

State

Zip

Telephone

Eviction for Nonpayment of Rent, Charges and Fees that accrued on and after April 1, 2020, and before June 30, 2021, is not allowed before February 28, 2022. Information regarding Tenant resources is available at www.211info.org.

If remedied and substantially the same act or omission which caused this notice to be given recurs within six (6) months, Owner/Agent may terminate the Rental Agreement with 10 days’ Written Notice specifying the violation and the date of termination of the Rental Agreement as provided by ORS 90.

If notice is served by mail ONLY, the ending date must include an additional four (4) days to allow for the delivery of notice, including date of mailing.

This notice, if mailed, shall be mailed FIRST CLASS MAIL ONLY (not certified, registered, etc.).

Owner/Agent does not waive the right to terminate by simultaneously or subsequently served notices.

If you are a veteran of the armed forces, assistance may be available from a county veterans' service officer or community action agency. Call the 2-1-1 information service to learn about resources in your area.

Form #38 : NOTICE OF TERMINATION

WITH CAUSE

Rev.7/21

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