Crown Property Management, Inc. v. Cottingham

"The provision must also designate an address where the tenant can mail notices to the landlord and a location where the tenant can affix notices, 'which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours.'" ORS 90.155(1)(c)(B).

Defendant appealed a judgment for restitution of residential property to Plaintiff in a Forcible Entry and Detainer (FED) action. Defendant assigned error to the trial court’s denial of her motion for involuntary dismissal based on Plaintiff’s notice terminating tenancy for failing to pay rent through "nail-and-mail" service. On appeal, Defendant argued that Plaintiff did not prove the rental agreement had a valid "nail-and-mail" clause and that Plaintiff failed to prove that the location designated in the rental agreement was available at all hours. In response, Plaintiff argued that the location provided in the rental agreement was sufficient for notice to be provided at any hour. "The provision must also designate an address where the tenant can mail notices to the landlord and a location where the tenant can affix notices, 'which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours.'" ORS 90.155(1)(c)(B).  The Court found that the provision in the rental agreement may lead to a reasonable inference that the location stated is a place where tenants could attach notices at any time of the day. Thus, Plaintiff met its prima facie burden to show that the rental agreement met the requirements for "nail-and-mail" service. Affirmed.