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Have you ever received a 30 or 60 day no-cause eviction notice? Or know someone who has? Take our online survey! It’s quick and takes about 5 minutes to complete. The purpose of the survey is to see how no-cause evictions impact tenants and we also want to know if no-cause evictions are being used as a form of retaliation. To take the survey click here or the link below, please share the survey with anyone that has received a 30 or 60 day no-cause eviction notice.

http://tiny.cc/NoCause

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Eviction Notices

This is a general overview of the eviction process, and is only for general educational purposes. Your situation may be different, particularly if you are in subsidized housing or rent a space for a mobile home. Get legal advice!

There are several types of termination notices.  These are not the same as a completed eviction!  Here are some of the most common ones:
No Cause Notice 30 day/60 day
As of January 2010, landlords are required to give tenants 60 day notices to vacate if the tenant has lived in the unit for a year and is on a month to month tenancy. The Landlord does not have to give you a reason. You may have a defense if the notice was given because of retaliation (asking for repairs, for example) or discrimination.  If you think the landlord is giving you this notice because of your violation of the rental agreement, try to talk with your landlord to solve the problem and prevent the termination.
30 day For Cause Notice
Violation of rental agreement. Usually, you have 14 days to fix the problem. Read the notice carefully for timeline.  Fix the problem! Or contact an attorney, especially if your landlord has accepted rent after the notice.
10 Day For Cause Notice
For tenants who have received a 30 Day For Cause notice within the last 6 months and have violated their rental agreement in the same way again.
10 Day Pet Notice
Violation of no pets rule. Tenant has 10 days to remove the animal.  Contact an attorney if the landlord has known about the pet and has accepted rent previously. Also, if the pet helps you with your disability, contact the Fair Housing Council 1(800) 424-3247.
72 Hour Nonpayment of Rent Notice
Can be given on the eighth day rent is late. Can only be used for late rent (not fees, deposits, etc).  Landlords must accept full payment during the notice period. See if they will accept partial payment. Ask for a receipt!  Call 211 or 503-222-5555 for Information about rent assistance.  Do not withhold your rent for repairs unless advised by an attorney with experience in landlord-tenant law who has agreed to take your case!
24 hour Outrageous Conduct Notice
For violence, threats, and illegal (drug, prostitution, etc.) activity by tenant or tenant’s guest or pet.  Get legal advice now to see if this notice is appropriate!
24 hour Unlawful Occupant Notice
Landlord claims that you live there without your landlord’s knowledge or permission.  If your landlord claims that you are an unlawful occupant, call an attorney! Your landlord cannot lock you out without going through the court process.

Step one: Notice of Termination
• Must be in writing and must be given to you properly (handed to you, mailed to you with three extra days, or posted and mailed to you if the agreement allows).
• The fact that you received an eviction notice can be reported to potential new landlords calling for references
• Your landlord cannot lock you out until the very end of the eviction process and only with the presence of a sheriff (see Step 7).
Step one options:
• For notices that can be corrected, fix the problem (paying rent, getting rid of the pet, complying with rules, etc.), OR
• Move out by the end of the notice period, OR
• Face the court eviction process


Step 2: FED (Forcible Entry and Detainer)
• Landlord must go to court to obtain an FED and file a lawsuit against the tenant. FED is the formal name for eviction proceedings. 
• The landlord cannot lock you out at this point!
• FED is mailed to you and posted on the front door. The date you must appear in court in on the papers.  Talk to your landlord now!
• See a lawyer if you have a legal defense! Go to court and be on time!  Even if you think the problem is solved!
• An FED may show up on your rental or credit record. It may be a permanent public record.  An FED may make it difficult for you to find housing in the future.


Step 3: First Appearance at Court
If you don’t show up, you may lose automatically.  In most cases, the judge will ask you to work out an agreement with your landlord if possible to solve the problem and avoid trial. It’s a good idea to bring someone with you who can help you think clearly. The court might provide a mediator (who may not know about your rights) if you ask for one.
 
If you make an agreement with your landlord and sign it, you are bound by the terms. Read the agreement carefully and try to make changes if necessary. If you don’t comply, you can be forced out of your home very quickly (see steps 6-8). If you do comply with the agreement, the FED should be dismissed in your favor within one year, and probably can’t be used against you in the future. 

If you have a defense (for example you are withholding rent because your landlord won’t make repairs), you can ask for a trial. If you lose, you will most likely be responsible for your landlord’s attorney and court costs. Get legal advice!

Tenants may bring any evidence, but trial probably won’t be the day of first appearance. Evidence might be helpful for mediation.

Step 4: Trial
• 1-7 days after 1st appearance
• Talk to attorney before going to trial
• Winner may get judgment against loser for attorney’s fees

Step 5:  Date to Leave
Judge determines date if you lost your court case.

Step 6: Notice of Restitution Posted on Door
(If you are not out by the day ordered by the judge or if you violate the agreement with your landlord)
• If you are still in the unit, you have 4 days to leave. If you can’t move out everything, move out your valuables to someplace safe.
• If you have an agreement with your landlord and complied with it or tried to but the landlord wouldn’t let you, you have the right to ask for a court hearing. Get legal advice!

Step 7: Execution of Restitution
Sheriff requires tenant to leave while landlord changes locks.

Step 8: Getting Your Belongings Back
Landlord must give you notice to pick up your left belongings.  Make arrangements with your landlord now to get your things back. You have limited time to collect them.

Watch our slideshow to learn more about termination notices and how the eviction process works:

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