30 Day to Vacate or 3 Day Notice To Pay or Quit (Need Advice)

[Oregon-Landlord]

Oregon

Briefly, I have a tenant that has not paid rent since August 15th. Keeps stating she is working on it - well I can no longer wait. I would prefer not to serve a 3 Day Notice To Pay or Quit - but instead serve a 30 Notice to Vacate. FYI - she is on a Month-to-Month. I need to list my house for sale due many circumstances. Is the 30 Day Notice Legal if I need to proceed with Eviction? Can I use the 30 day deadline instead of adding 3 for mail? Should I state the reason for asking to vacate in the notice?

I am attaching the Notice I was intending to serve - is it proper?

Thanks for responding.

***************************
30-DAY NOTICE TO VACATE PREMISES

To Tenant: XXXX
Property Address: XXXX
XXX, OR 97015
YOU ARE HEREBY NOTIFIED that pursuant to the lease/ rental agreement under which you hold the possession of the hereinafter described premises shall end thirty (30) days after the date of the service of copy of this notice upon you for non-payment of rent (unpaid rent in the total sum of: xxxx ($x,xxx.xx) representing rent due from August 15, 2009 through September 14, 2009.)
You are required to quit and deliver possession of the premises to the undersigned on or before 12:01 a.m. on the 24th day of October, 2009 in accordance with applicable law.
IF YOU FAIL TO DO SO, legal proceedings will be instituted against you for possession of the premises, for forfeiture of the rental agreement and for such monetary damages as may be allowed by law.
You must completely vacate said premises by the above-stated date.
THIS NOTICE OF TERMINATION IS GIVEN PURSUANT TO APPLICABLE LAW AND IN NO WAY IMPAIRS ANY OF THE OTHER REMEDIES OR RIGHTS OF THE LANDLORD UNDER THE LEASE AGREEMENT OR UNDER APPLICABLE LAW.
Issued this 23rd day of September, 2009. XXXXX– Landlord

************************************************** ************************************************** *********
PROOF OF SERVICE
I, the undersigned, being at least eighteen years of age, declare under penalty of perjury that I served thisnotice to quit tenancy, of which this is a true copy, on the above named tenant in the manner indicated below on September 23, 2009.
X I mailed a true copy of the notice to tenant by certified mail.
X I mailed a true copy of this notice to tenant by first-class mail.
X I emailed a true copy of this notice to tenant at XXXX.YAHOO.COM

Executed on: September 23, 2009 By XXXX – LandlordWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Cvillecpm]

ALWAYS, ALWAYS the quickest - 3-day pay * NEVER together and follow up with eviction ASAP

 

[Oregon-Landlord]

Thank you for the response. Sorry to ask a few more questions - I want to make sure I do it right.

Question: Is the reason for the 3 Day Notice to Pay or Quit the proper and quicker way to have the tenant leave?

Scenario: I email/mail via 1st class mail (today) - 3 Day Notice to Pay or Quit - in order to be compliant - must contain Reason / Today's Date and Option to Pay Rent? Yes/No - Anything else? Now 3 days goes by - no rent - then I immediately file the Eviction Notice? How long after filing eviction papers does it take to have Tenant removed (Oregon)? What if by chance she pays the rent within the 3 days?

If I serve the 30 Day Notice to Vacate - I have to wait for the 30 days to pass and if she hasn't moved then file the Eviction? Is this correct? Is that why the 3-day is a better option?

Also, I am an out-of-state Landlord - how do I file the Eviction Notice?

Thanks.

 

[Cvillecpm]

Hire an attorney who does EVICTIONS - not a real estate attorney * one who does EVICTIONS - well worth the cost THEN hire a professional property manager to manage your rental property

 

[Tayla]

Your questions can be answered here:
Landlord and Tenant Law

You are partially correct on how to serve 3 day notice. The eviction process does need to go thru the court system unless the tenant voluntarily leaves. You'll still have recourse to recover for damages and past due rents if all process's are done in order of the law.

 

[FarmerJ]

Once the time frame in the notice to quit is past your free to use the courts to get the tenant out. If you hire a atty who specializes doing evictions make sure you go to court and sit in and watch it , this will help make it easier for you if you ever have to do it again.