Ending a Tenancy – What Oregon Landlords Need to Know
Ending a Tenancy – What Oregon Landlords Need to Know
*not including the City of Portland, that is a discussion for another time
First Year:
Is the term or month to month occupancy inside the first year? You can issue a proper Notice of Termination without cause.
Beyond First Year:
After the first year of occupancy, End of Tenancy notices for month to month and fixed terms are prohibited with limited exceptions. Any lease that ends after the first year of occupancy now automatically converts to a month to month tenancy.
There are six exceptions/allowable reasons to issue Termination notice or Non-Renewals for a Designated Cause (after the first year of occupancy).
1. The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time.
2. Landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time; and either
i) the premises is unsafe or unfit for occupancy; or
ii) the dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations.
3. Landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence (and landlord does not have a comparable unit in the same building available).
4. The landlord has accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the unit as the person’s primary residence and landlord has provided the notice and written evidence of the offer to purchase the dwelling unit to the tenant not more than 120 days after accepting the offer to purchase.
5. Non-Renewal for repeat violations. If the tenant has committed three or more violations of the rental agreement within the previous twelve months and the landlord has given proper written violation notices at the time of each violation the landlord may issue a termination notice.
6. Tenancy at landlords primary residence of a 2-plex or less. Termination without stated cause.
a. Landlord may issue Non-Renewal Notices after the first year of tenancy to month to month tenants with 60-days’ notice unless the dwelling is purchased separately from any other unit, the landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the unit as their primary residence, and landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase, then landlord only need give 30-days’ notice.
b. Landlords may issue a notice 30-days’ prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.
Penalties for terminating tenancy after the first year of occupancy in violation of SB 608
*Three months’ rent;
*Actual damages sustained by tenant;
*Potential attorney fees, legal costs; and
*Is a basis for a defense against an eviction action.
Penalties under SB 608 may be imposed in addition to any penalties incurred for violation of local laws.