There are times when a landlord does not want to renew their tenant`s lease. In this case, Oregon eviction notices and notice periods for non-renewal of the lease depend on the type of lease. These notices may be a 10-day notice period or a 30-day notice period. The COVID-19 pandemic has caused an unprecedented health and economic crisis, prompting Oregon to declare a national moratorium on lease terminations and evictions. The Governor of Oregon signed an executive order on April 1, 2020, which has been in effect ever since. Later, Oregon lawmakers extended the moratorium on evictions until June 30, 2021, on the condition that the tenant file a letter of difficulty. The moratorium ensured that no landlords: Here`s what landlords need to know about non-payment balances and evictions, unfounded notices and rent increases after the Oregon eviction moratorium expires: In cases where the landlord issues an unfounded eviction notice after one year of tenancy, The notice period is 60 to 90 days. If the tenant has rented an apartment in a private rented apartment, the landlord does not have to give a reason for terminating the lease. However, this rule does not apply to government-subsidized housing programs. In limited cases, such as criminal activity, a landlord may be able to serve a 24-hour eviction notice. There are no other “owner-based” reasons allowed by the new laws, other than the four mentioned above.
In the state of Oregon, both the landlord and tenant must first attend the hearing before an eviction hearing. This article contains a summary that a landlord can refer to when filing an eviction. Deportation deadlines in Oregon courts may be delayed due to COVID-19. The recent order of the Chief Justice of the Oregon Supreme Court extends the time limits for F.E.D. (expulsion) deportation proceedings. Contact your district court for more information on schedules. If the rent is paid within the notice period, the landlord can no longer request eviction. In the event of continued non-payment, the landlord can always bring an eviction action. Before a landlord can start the eviction process, they must provide the tenant with a formal written notice of eviction. Providing an eviction notice is crucial to the process. The moratorium applies to terminations for non-payment of rent or most terminations without cause under section 90.427 of the ORS. It does not apply to expulsions for other lawful purposes.
In Oregon, the good news is that the moratorium on evictions expired on June 30, 2021. While the passage of Oregon State Bill 282 (SB 282) extended the grace period for tenants to pay off outstanding balances, it also lifted many of the restrictions placed on landlords during the pandemic. If you`d like to learn more about Oregon`s landlord-tenant laws, check out Oregon`s Complete Guide to Landlord-Tenant Laws for more information. Moratorium on evictions in Oregon for non-payment of rent or termination without cause of tenant. The following information applies nationally. Frequently asked questions can be found on this page. Nothing in the moratorium exempts tenants from liability for unpaid rent. However, a landlord does not have the right to apply for eviction for non-payment of rent during the emergency period (until after December 31, 2020) or eviction for non-payment of deferred rent (April 1 to September 30) during the six-month repayment period. Eviction laws in Oregon are pretty extensive, but with that awareness, you now know a thing or two about when and why you can be evicted from rental housing. In addition, the conditions for terminating an eviction for non-payment of rent differ from those for an unfounded eviction. An eviction without cause occurs if the landlord does not give a reason for the eviction. Let`s take a closer look at the notification requirements for each situation.
Executive Order 20-13 created a temporary nationwide moratorium on certain evictions and lease terminations in response to the COVID-19 pandemic. This order was signed on April 1, 2020 and was valid until June 30, 2020. If a landlord files an eviction suit against a tenant using a termination that does not comply with the new laws, the tenant has a defense that could allow the tenant to win and stay in their apartment. Tenants can also be evicted for violating tenancy or rental agreements. These violations include non-payment of utility bills, late rental fees, or pet sitting when not allowed. For this type of violation, the landlord gives a 30-day eviction notice, in which the violation is explained. Tenants who have received a notice of rent increase above the increase limit, or tenants who receive a notice of termination that they believe violates the new laws, must first contact their landlord (sample letter attachment PDF). If the landlord refuses to withdraw the notice, tenants should consult a lawyer before taking any action to withhold rent or make a decision about whether or not to move. Of all the moratoriums on state evictions, no documentation of loss of income is required. After delivery, the tenant has 14 days to remedy the violation, prompting the landlord to waive the eviction fees. If the tenant commits the same violation within six months, the landlord gives 10 days` notice before bringing an eviction action. And this time, the tenant cannot stop the eviction process by correcting the violation.
If the tenant does not remedy the violation, the landlord will evict the tenant after 30 days. Although the notice of termination of tenancy without cause indicates an unfounded termination of the lease, if issued in the City of Portland, the termination can still trigger moving expenses. If the tenant has reported difficulties due to the pandemic or owes a balance, landlords should consult a lawyer before such a notice. Whether deportation is not a reason or a just reason, the notice of eviction must be written in Oregon. Tenants or tenants must pay rent on time to avoid an eviction notice. Since the moratorium on evictions has only been extended until June 2021, landlords could technically start evicting tenants after that date (as before). If you are at risk of being displaced, it is important to know Oregon`s deportation laws to know your rights and defenses in light of an eviction. In general, eviction proceedings are governed by the residential landlords and tenants chapter of the revised Oregon bylaws. Legal requirements vary depending on the type of lease you have and notice landlord issues. Therefore, the termination obligations for tenants in a lease differ from those for tenants in a monthly lease. House Bill 4213 passed Oregon lawmakers on June 26.