MHCO Columns

Phil Querin Q&A: Security Camera Stolen - 30 Day Notice or 24 hour Notice

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Phil Querin
Querin Law
MHCO Legal Counsel

Question: A community’s security camera taped one of the residents one night cutting the line and stealing the camera.   The landlord wants to give a 30 day notice.  Any issues the landlord should be aware of since it was video-taped?  If the accused resident does nothing wrong again in the community after the 30-day notice has been served - then he gets to stay correct?  Even though he does not return the camera or pay damages?

Answer:  This is really a 24-hour notice issue.  The applicable statute, ORS 90.396, gives you the right to issue a non-curable 24-hour notice.  The theft constitutes (in my opinion) "outrageous conduct,” for which the notice may issue.[1]  However, it is true that the statute states that a landlord should not issue a 24-hour notice if a 30-day curable notice would suffice.  I suggest that you talk to the resident and tell him he's got two choices: (a) Either return the stolen property, pay the cost to re-install andtake a curable 30-day notice; or (b) Take a 24-hour non-curable notice under ORS 90.630 (for any number of reasons, such as violation of law – i.e. theft – violation of rules or rental agreement re damage to park property).  If there is a repeat violation within six months following the date of issuance of the 30-day notice, then you can give him a 20-day non-curable notice to terminate the tenancy.

Question: If I give 24-hour notice for a dog and they correct the situation by removing the dog but the same dog or substantially the same offense occurs in 3 months what does the landlord do?

Answer:  You don't say why you want to issue a 24-hour notice for the dog.  It must be serious, such as a real threat or actual damage to a person in the park (other than the pet owner).  The applicable statute is ORS 90.396(2) which provides:  

"If the cause for a termination notice *** is based upon the acts of the tenant's pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period.  The notice must describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours' written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement and take possession (of the space).

In those cases in which the offence is not sufficient to issue a 24-hour notice you have two other options: (a) Fine the resident under the Pet Agreement, if one has been entered into; or (b) issuance of the 30-day curable 30-day notice if your rules have been violated.  

[1]Note, the "substantial damage” portion of this statute says "…on more than one occasion.”