Timber Hill Apartments
2493 Northwest Garryanna Street,
Corvallis,
OR
97330
541-754-8478 save favorite
541-754-8478 save favorite
AVERAGE RATING
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Late rent' Refused your check if didn't include late fee' Read this
From: -Anonymous-Date posted: 5/25/2009
Years at this apartment: 2009 - 2009
An attorney's answer about this:
Question:
Our apartment manager has posted a notice that says that late rent payments that do not include the late charge will be refused, and a 72-hr notice issued. Is that legal in Oregon'
Answer:
No. Oregon Law requires a landlord to accept the "rent" without payment of a late fee and does not allow a landlord to issue a 72 hour notice for an unpaid late fee.
ORS 09.100 (33) defines "rent" as "any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others. Rent does not include security deposits, fees or utility or service charges. . ."
ORS 90.260 (6) provides that "Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 [the 72-hour notice], but is grounds for termination of a rental agreement for cause under ORS 90.392 or 90.630 (1)[a 30-day notice]. A landlord may note the imposition of a late charge on a nonpayment of rent termination notice under ORS 90.394, so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time.
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