Is faxed written eviction notice considered a written notice?

[lk1111]

What is the name of your state? Oregon.
Hi, I'm a landlord. I need to post/send a written eviction notice to my tenant, but I'm away. If I fax the written (and signed) notice to someone and have him post/send it, is the notice still legally bound?
Thanks

 

[adjusterjack]

I need to post/send a written eviction notice to my tenant,

You mean termination notice. Eviction is a judicial process that starts with serving a summons and complaint by a process server.

If you are ending a month to month tenancy, ORS 91.110 requires that:

All notices required by ORS 91.050 to 91.070 and by ORS 105.120, must be in writing and must be served upon the tenant by being delivered to the tenant in person or by being posted in a conspicuous place on the leased premises in case of the absence of the tenant, or by being left at the residence or place of abode.

For other purposes, see:

https://law.justia.com/codes/oregon/2017/volume-03/chapter-091/

If I fax the written (and signed) notice to someone and have him post/send it, is the notice still legally bound?

A faxed copy is fine, as long as whoever delivers it is willing and able to testify to its delivery if you end up in court.

 

[STEPHAN]

If you want to send a 3-day-notice, fax is not okay.

 

[adjusterjack]

If you want to send a 3-day-notice, fax is not okay.

If you are referring to a "pay or quit" notice for non-payment of rent, that's not required in Oregon.

Section 91.090 - Termination of tenancy by failure to pay rent; reinstatement.
The failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days, unless a different period is stipulated in the lease, after it becomes due and payable, operates to terminate the tenancy. No notice to quit or pay the rent is required to render the holding of such tenant thereafter wrongful; however, if the landlord, after such default in payment of rent, accepts payment thereof, the lease is reinstated for the full period fixed by its terms, subject to termination by subsequent defaults in payment of rent.

https://law.justia.com/codes/oregon/2017/volume-03/chapter-091/section-91.090/
A landlord can go right to a court eviction when the rent is past due by 10 days, though it would be prudent to try to collect during that period, unless the landlord wants the tenant out anyway.

 

[mike_miller]

I am not sure if an eviction notice can be faxed but you can e-mail it. But the tenant should have previously given a consent in writing and should reply for it. Both the above aspects should be met else the electronic notice will not be effective

 

[Zigner]

I am not sure if an eviction notice can be faxed but you can e-mail it. But the tenant should have previously given a consent in writing and should reply for it. Both the above aspects should be met else the electronic notice will not be effective

Wrong!

https://law.justia.com/codes/oregon/2017/volume-03/chapter-091/section-91.110/All notices required by ORS 91.050 to 91.070 and by ORS 105.120, must be in writing and must be served upon the tenant by being delivered to the tenant in person or by being posted in a conspicuous place on the leased premises in case of the absence of the tenant, or by being left at the residence or place of abode.

DON'T GUESS!

 

[justalayman]

If you want to send a 3-day-notice, fax is not okay.

Landlord is not faxing it to the tenant. He is faxing it to a third party who will post or deliver it on his behalf.

Nothing wrong with what the op is suggesting.

Of course as another said it could mean the delivery person attend court to testify to their actions but in itself, there is nothing wrong with doing what the op asked.