Oregon, Washington, California, and Idaho landlord-tenant law provides the landlord the right to issue a notice of eviction for non-payment of rent. In some states this notices is commonly referred to as a 72-Hour notice while in others, it is called the Three Day Notice.
These eviction notices are posted from the site management offices on the 8th day of the month to any resident who has not yet paid rent. This notice provides the resident with a 3-day period to either pay rent or vacate the premises returning possession of the apartment to management
Notice Preparation
For legal purposes, each notice must be filled out correctly. Incorrect information can lead to the court’s dismissal of an eviction. These steps will help you to accurately complete the 72-hour notice:
- List all legal and responsible occupants in the apartment.
- The Delivery Date is the day the notice is posted/served to the resident.
- In your manager’s log, list the time and date that each item was mailed, posted, or hand delivered.
- List all charges separately.
- The amount of rent that you list as past due must match the amount of rent on the rental agreement. The rent amount is not inclusive of all amounts, such as garage rent, storage.
- Click here for your state’s specific 72-hour notice guidelines
EXAMPLE:
Important Notes
- Remember to check the box “Post/Mail attachment” or “Hand deliver” located in the bottom left corner of the notice.
- Incorrect information on a 72-Hour notice can lead to the court’s dismissal of an eviction.
Delivering the Notice
Improper delivery of a 72-Hour notice may result in the court dismissing an eviction. Specific guidelines must be followed:
- Always attempt to hand-deliver the notice to an adult named on the notice.
- If unable to hand-deliver the notice, it must be posted on the front door of the apartment. Write only the apartment number on the envelope, do not write the resident’s name. Use painter’s tape to tape all four corners of the envelope on the front door at a height of approximately 5 feet.
- Always mail the notice to the address that is shown on the rental agreement (For residents receiving assistance through a local housing authority, a copy of the notice must also be mailed to the housing authority by the site manager). It is important that even the zip code is correct! Yes! The zip-code must be accurate.
- Be certain that the mail is postmarked with the same date as the Delivery Date on the notice.
- Mail notices by First Class mail only (not Certified or Registered).
Follow-up
It is important to follow-up on the progress of the 72-Hour notice. If the resident does not comply with regulations, further action must be taken.
- If payment in full for rent only has not been received by the expiration of the notice, a “Notice to Enter” must be posted on the apartment door. This notice allows you to enter the apartment after a 24-hour period to see if the resident has “skipped.”
- If the apartment is occupied, proceed with the eviction process.
Calculating Final Rent
Many factors influence the calculation of costs to a resident who has been issued a 72-Hour notice. The requirements of a month-to-month resident may differ from those of a resident with a lease agreement. Always contact your property supervisor when uncertain about your calculations.
72-Hour Notice Guidelines
For Month-to-Month Tenancies
1. Resident vacates on the 6th (before posting a 72 Hour Notice) without providing written notice of an intent to terminate:
- Charge resident for 30 days of rent from the day the move-out was discovered.
- OREGON PROPERTIES ONLY : Charge the resident only through the date the move-out was discovered. Do not charge a 30-day notice.
2. Resident vacates on the 9th, after management serves the resident with a 72 Hour Notice to pay or quit the tenancy:
- Charge resident only through the expiration of the 72 Hour Notice (likely the 12th day of the month).
For Fixed Term Leases
1. Resident vacates on the 6th (before posting a 72 Hour Notice):
- Charge the resident for 30 days of rent from the day the move-out was discovered.
- Charge the resident any/all fees which apply under the terms of the early termination procedure stated in the lease (i.e., 1 1/2 times the stated monthly rent).
OREGON PROPERTIES ONLY:
- Charge the resident only through the date the move-out was discovered. Do not charge a 30-day notice.
- Charge the resident 1 1/2 times the stated monthly rent under the terms of the early termination procedure.
2. Resident vacates on the 10th, after management serves the resident with a 72 Hour Notice to Pay or quit the tenancy:
- Charge the resident only through the expiration of the 72 Hour Notice (likely the 12th day of the month). Do not charge a 30-day notice.
- Charge the resident any/all fees which apply under the terms of the early termination procedure stated in the lease (i.e., 1 1/2 times the stated monthly rent).
OREGON PROPERTIES ONLY:
- Charge the resident only through the 10th. Do not charge a 30-day notice.
- Charge the resident 1 1/2 times the stated monthly rent under the terms of the early termination procedure.
3. Management serves the resident with a 72 Hour Notice to pay or quit tenancy. The Resident vacates on the 13th of the month (after the 72 Hour Notice expires):
- Charge the resident for 30 days of rent from the day the move-out was discovered.
- Charge the resident any/all fees which apply under the terms of the early termination procedure stated in the lease (i.e., 1 1/2 times the stated monthly rent).
OREGON PROPERTIES ONLY :
- Charge the rent only through the day the move-out was discovered. Do not charge a 30 day notice.
- Charge the resident 1 1/2 times the stated monthly rent under the terms of the early termination procedure.
NOTE: The dates will vary based upon your 72 Hour Notice Eviction Guidelines.
Eviction Guidelines
- A month-to-month resident that is being evicted will be issued a “final date” to vacate the premises by a judge. The resident will be liable for rent through that date.
- A resident under a lease agreement that is being evicted will be issued a “final date” to vacate the premises by a judge. The resident will be liable for rent through that date and a lease buy-out fee.