FORMSHIGHLIGHT
16 -
CONFIRMATION OF 30-DAY NOTICE
Use
this form when you receive a notice from your tenant that she's leaving.
It's a good idea to confirm the notice. That establishes that you received
the notice, spells out some details that are often the subject of arguments
after the fact, and can be particularly useful when you receive only a
verbal notice.
When this form is used
When you receive a 30-day notice from your
tenant, you can send this confirmation. It's not a notice required by law,
but it helps to list your expectations of end-of-tenancy matters. Sometimes
that's helpful; sometimes it's not. The notice tells the tenant you received
her notice, it confirms her move-out date, it spells out when rent is paid
to and how much rent will be due and when. Finally, it lists a few matters
for your tenant to attend to when moving out.
Oregon's law requires either party to give
30 days' notice to the other when terminating a month-to-month agreement,
the usual form of lease around the state. (No notice is necessary to end
a fixed term lease. Those end automatically and the law assumes the tenant
will move at its ending date. Some fixed term leases, though, have some
sort of automatic extension provision or a paragraph converting it to a
month-to-month rental.) If the notice is delivered by mail, three days
must be added. This applies to both parties.
If you receive a written notice that counts
the days right (in person or by post-and-mail, with 30 days notice, or
by mail, with 3 days added), it's a simple matter to confirm, fill in the
calculated amounts and dates, and send it along. It confirms the numbers
and dates for your tenant and gives them a few reminders. You might send
a copy of the Deposit Refund, Form #21, along. It shows, with the tenant's
signature, her agreement to clean to a certain standard.
Perhaps more often than not, though, her thirty
day notice that arrives doesn't comply with the law. She didn't add three
days for mailing; she was casual about when she actually sent it, or the
like. It's not unusual to get on August tenth a notice dated the first
that's postmarked August 7 saying she's moving on the thirty-first. What
do you do?
According to law, you're entitled to rent
through September 9 (thirty days, plus 3 days, from the postmark date of
August 7). You could tell her that and hold her to it; you could tell her
that, but agree to mutually terminating as of the thirty-first; you could
do nothing and either calculate the deposit refund based on the thirty-first
or on the ninth. I weigh a number of factors: How long has the tenancy
existed? (I'm more understanding of tenants who have been with me for a
number of years than the one who's been there six weeks). How good has
the tenancy been? (I'm more likely to bend for someone who has been a good
neighbor, who's paid rent promptly, and the like.) How likely is an argument
over some rent going to include the tenant to be destructive at the end?
(Frankly, a practical consideration.) How much deposit do I have? (If I
can't get the money for the dozen days, why bother trying.)
Too often, the notice comes verbally. While
the law requires a tenant to give thirty days' notice, landlords ignore
verbal notices at their peril. Eventually the place will be empty. Doesn't
it make sense to start marketing it now? Or soon, anyway? You might as
well confirm the verbal notice since your actions, assuming you start advertising
or the like, will act as a de facto acknowledgment. Better to go ahead
and do it. If you do it in writing, you can set the terms.
How the form is filled in
This is not a notice required by law, so it's
not subject to Methods of Delivery
1. Fill
in the names of the tenants here.
2. Date the form. It should be
the date you're sending it.
3. This is the date the tenants
either called you or the date on their written notice.
4. This is the date rent has been
paid to. Ordinarily this is the end of the prior month. But it could be
any date. If you are holding a last month's rent deposit, this is the date
that deposit-because you are as of this moment applying it to rent-pays
rent through. If you are indeed applying a last month's rent deposit it
would be a good idea to put an asterisk(*) next to this date and say down
below "after applying last month's rent deposit." If the deposit is not
sufficient to pay the rent, you could prorate the amount and have rent
paid through some date short of the end of the month.
5. This is the amount of rent due
through the move-out date (#7 below). Use exact days. If you're due rent
for the first fifteen days of September, that's 15/30 of the monthly rental
figure. Through the 15th of August, that's 15/31 of the monthly rent.
6. The rent due should be payable
on either the next regular rental due date unless the last day of the tenancy
arrives first.
7. This is the move-out date specified
by the tenant. It may be more or less than the required 30 days.
Comment
This is not a widely used form. It's fine
when the tenant gives the appropriate notice. When the tenant doesn't,
however, many landlords figure this form will just start an argument. They'd
rather argue after the tenant has vacated because then they have the leverage:
they have their property back, and they have the deposit. It may be more
practical to send a note saying, "Thank you. We received your notice on
the fifth. We understand you're moving on the thirteenth." That doesn't
commit you to anything.
By the way, ORs 90.427 only says that either
party may terminate a tenancy with 30 days' notice to the other. You and
your tenant can agree otherwise.
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HOW-TO-DO'S
By Susan
Strawn, Past ORHA President
Form
#15 Resident's 30-Day Notice to Vacate Premises
This form enables your tenants to give you
notice in writing that they are departing. Landlord/Tenant Law requires
either party that terminates a month-to-month tenancy to do so in writing.
You can provide this form at the beginning
of the tenancy, along with the other documents. If a tenant gives notice
verbally, mail or otherwise, deliver form #15 to your tenant. You may place
a note in the envelope explaining that the 30-day clock doesn't start running
until the tenant gives you notice in writing.
When you receive the form, write down on the
back when you received it. Keep the envelope if there's going to be any
question of when the clock began running. Remember a 30-day notice must
have 3 days added if it is mailed. (see page 85 in your forms manual
or page 11, 55, and 63 in your Landlord Tenant Law Book).
Form
#16 Confirmation of 30-Day Notice
After receiving form #15, it is a good idea
for the landlord/agent to send form #16 Confirmation of 30-Day Notice to
the tenant (page 88 & 89 in your forms manual). It is not a notice
required by law, but it helps to list your expectations of end-of-tenancy
matters. It tells the tenant you received the notice and it confirms the
move-out date. Form 16 spells out when rent is paid to and how much rent
will be due and when. Finally, it lists a few matters for your tenant to
do when they move (pages 87, 88, 89 in your forms manual).
Form
#21 Deposit Refund
Send a copy of form #21. It has the tenant's
signature and the agreement to clean to a certain standard.
This may be the time to start advertising
the rental to rent it again.
Form
#18--24 Hour Notice to Enter
If the tenant does not want you to show the
rental, try to work out a time that is convenient to all parties. Three
days must be added if you mail the notice. Have you thought of doing an
inspection to see what repairs will be necessary on move out? Take a camera
or a camcorder to record the conditions. Again, send form #18 (plus 3 days
if mailed) to do an inspection.
Form
# 9 & #10 Check In/Check Out Condition Report
Prior to tenant move-out, send your cleaning (#24),
along with abandoned good procedures. At move out, form # 9 & #10 have
a place at the bottom of the form for the tenant to sign stating all personal
property left may be disposed of by the landlord/agent without complying
to the requirements ORS 90.425 (LLTL book).
Make arrangement for a walk through. You may charge cost of non-returned
or lost keys, $5 to $10 each.
Be sure to get a forwarding address. If you
use form #9 or #10, have the tenants sign the form. Take a detailed video
of the rental inside and out, stating names of tenants that lived in the
rental. Change all locks. Place FOR RENT and FAIR HOUSING sign in window.
A lock box is convenient for repair person, cleaning companies, etc. to
enter the rental.
Form
#25 Abandoned Personal Property
Send form #25 if personal property is left
(see 115 & 116 in your Forms Manual). Abandoned cars are a different
issue (see page 47 &54 in your Landlord Tenant Law Book).
Form
#12 Final Accounting
A final accounting , form #12 is to be sent
to the tenant post marked no later than 31 days (pages 110-114 in your
Forms Manual). Send it by first class mail only. For 60 cents you can purchase
a Certificate of Mailing for proof of mailing.
Prepare the rental for the next qualified tenant.
Shakespeare
said "To climb steep hills requires a slow pace at first".
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Smoke
Detector Legislation Back This Session
by: Shawn Miller, Lobbyist
Smoke detector legislation will be introduced again this
session to fix some technical flaws in the bill passed in 1997. Along
with the State Fire Marshall, ORHA led the effort to pass this legislation
and will continue to support future implementation. Some of our landlords
might question why we supported a bill that required replacing old style
smoke detectors with a model that includes a hush feature and a special
10-year battery that would only fit the detector.
The answer is simple.
As landlords, we have a responsibility to safeguard our properties and
the tenants that we house. The reason we support this new fire safety
law is because we wanted to do away with the old fire safety proposal of
requiring hardwire retrofit in all structures. We successfully fought
off this expensive and burdensome proposal and it was time for us, as an
organization, to step up and be pro active concerning fire safety and finally
get hardwire retrofit off the table. We worked extensively with the
Fire Marshall, and the ORHA Board of Directors believes that we have come
up with a solution that will be inexpensive to our landlords while ensuring
greater safety to our property and our tenants.
This new law, which will
require some technical fixes, will be debated by battery manufactures and
retailers. One thing is sure, ORHA will continue to support the law
and its original intent. Our member landlords do not want to ever
deal with a proposal to require hardwire retrofit again. |
AROUNDTHE
CAPITOL
ORHA
Legislative Update
By Shawn
Miller, Lobbyist
As
the 70th legislative assembly gets under way, the Oregon Rental
Housing Association (ORHA) has been preparing for constructive policy changes
for landlords. They say that passing legislation is like making hamburger
- grind up everyone's ideas and see what it tastes like when it comes out.
With that in mind, ORHA members have helped devise excellent policy ideas
that will help position our organization as a leader within the capitol.
It started with our legislative policy conference
last year where members listed and prioritized landlord/tenant issues that
would serve as our items to negotiate in the landlord/tenant omnibus bill.
Sharon
Fleming-Barrett, ORHA Legislative Director, has been vigorously
negotiating those items and we are soon to have a product to present to
the legislature. Representative Roger Beyer, Chair of House Business
and Consumer Affairs, has agreed to sponsor the bill and will help with
its passage through both chambers.
Also, the Oregon
Rental Housing Association is committed to helping our local associations
prosper. To ensure a healthy state association, we are
working to ensure healthy local associations. In fact, we are taking
issues that our local associations have been fighting and elevating those
issues to our state capitol. Our attempt is to resolve these local
issues in our state statutes which will benefit all of our locals around
the state.
For example, the Oregon
Rental Housing Association is introducing two bills
that address two different local battles that the Oregon Apartment Association
(Portland) and the Northeast Oregon Rental Owners Association (La Grande)
have been fighting.
In Portland, the
Oregon Apartment Association fought the
city council on a housing replacement ordinance that had RENT CONTROL
written all over it. After the city disregarded OAA's objections and passed
the ordinance the Oregon Rental Housing Association agreed that we should
attempt to negate the ordinance by passing a bill in the legislature.
We are currently drafting legislation that would require owners of property
participating in program subsidized housing consisting of more than five
dwelling units to notify city and county when withdrawing property from
program. The bill will prevent local government from imposing monetary
sanctions against property owner's for withdrawing property from participation
a subsidy program. It also, except where local government is acting
pursuant to power of condemnation, prohibits local government from preventing
or restricting sale of withdrawn property or requiring conveyance of property.
Furthermore, except where the offer to purchase is made pursuant to the
power of condemnation, it prevents local government from imposing monetary
sanctions against property owners for refusing offer to purchase property.
In La Grande, the
Northeast Oregon Rental Owners Association fought the local
Housing Authority when they decided to develop new low income housing.
The local association supports low income housing development when it is
needed. However, in La Grande high vacancy rates and local market
conditions did not justify new development. In spite of the objections
of the local La Grande rental owners, the housing authority proceeded with
planning the project. With a war brewing in Eastern Oregon, HCSD
decided to conduct a private market study which concluded that "any type
of subsidized housing in the La Grande market will severely and detrimentally
impact the conventional housing market."
The market study
conducted in La Grande essentially provided data for the public
and HCSD to measure the need for low income housing. So ORHA is drafting
a bill that will require HCSD to conduct a thorough market study for communities
around the state. The market study requirement would exclude very
large metropolitan areas and focus on smaller communities. The market study
would then be used as a universal tool for communities to determine low
income housing needs and HCSD to determine loan approvals. This approach,
although late in the La Grande process, has worked in Eastern Oregon and
a state statute would prevent other local associations from having to go
through what La Grande did.
Although we have
put together an aggressive pro-active legislative strategy,
there are always bills that require us to go on the defense. In fact, on
the first day of session the county assessors dropped a
bill that would decrease the amount of minor construction investment
in your property per year from $10,000 (which ORHA passed last session)
to $5,000. It takes work to kill a proposal but we have good friends
in the legislature that instead of cutting the amount to $5,000 they would
rather see it raised to $25,000. And since that person is the chair
of the revenue committee I think we will be OK. This is just an example
of the hundreds of proposals that ORHA influences on your behalf.
If passing legislation
is like grinding hamburger then ORHA is prepared to grind away! |
LEGISLATIVE
DAY
At the Capitol |
MARCH
18, 1999 - OREGON STATE CAPITOL
8:30 A.M. TO 4:00 P.M.
COST: $24.95 PER PERSON
(Includes Lunch, Reception & Materials) |
Speaker of the House and President of the Senate will
join us at some point in the day.
-
8:30 Registration/Orientation
-
8:45 Review ORHA Legislation
-
9:15 Guest Legislator
-
9:30 Guest Legislator
-
9:45 Guest Legislator
-
10:00 Guest Legislator
-
10:15 Break
-
10:30 Discussion
-
11:00 Floor Session
-
12:00 Lunch - Housing Issues Panel
-
1:00 Committee Hearing
-
3:00 Legislative Reception
-
4:00 End
-
4:30 Board Meeting
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PRINT
FORM, COMPLETE, MAIL
NAME(S):______________________________________________________
ASSOCIATION:_________________________________________________
ADDRESS:_____________________________________________________
CITY, STATE, ZIP___________________________PHONE:_____________
We will set up an appointment with your Representative and Senator.
Please give us their names:
SENATOR:______________________REPRESENTATIVE:_______________________
PLEASE RETURN WITH CHECK TO THE ORHA OFFICE
1496 Commercial Street N.E. Salem, Oregon 97303
Questions? Call Maren at (503) 364-5468
|
Mark your Calendar
April 12 and 13,
1999
are
the dates for
The
15th ANNUAL OREGON FAIR HOUSING CONFERENCE
"Fair
Housing Builds Better Communities"
The Oregon Fair Housing Conference is an educational forum in which
over 400 landlords, housing advocates, tenants, attorneys, local government
officials, city planners, lenders and real estate agents come together
from around the state to increase their knowledge of fair housing, to exchange
the latest information on compliance with the law, and to establish dialogue
with one another.
Workshop topics will include:
-
Fair Housing Essentials: What a Landlord Needs to Know
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Your Kind Not Welcome Here: Discrimination in Oregon in 1999
-
Best Practices in Community Planning and Siting: Group Homes
-
Housing People with Mental Disabilities
-
Fair Housing for Families with Children
-
Concentrations of Poverty: The Cost of Unfair Housing
Continuing Education Credit Available
for Real Estate and the Oregon State Bar!
Contact: Michael Anderson (503) 412-6000
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