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2019-07-18 15:34:40
Lake Oswego Real Estate Oregon Rent Control Landlord/Tenant Law

Below is information you need to know if you own rental property within the State of Oregon and the City of Portland as written and provided by: Kevin A. Eike, JD Attorney at Law - 9830 SW MCKENZIE STREET, TIGARD, OR WWW.KEVINEIKE.COM/WWW.EIKELAWPC.COM

The new laws are not for the faint at heart.  As a landlord and/or tenant you need to know your rights.  If in doubt, I suggest you contact the author of this post or a real estate attorney.

Oregon Senate Bill 608

• No Cause Evictions
• Fixed Term vs. Month to Month Tenancy
• Rent Increases
• City of Portland

SENATE BILL 608

• Oregon is now the first state to enact state wide rent control
• What SB 608 doesn’t impact:
• Termination of month to month or fixed term tenancies in first year (except Portland and
Milwaukie ordinances which require 90 day notice)
• For cause eviction rules
• What SB 608 does impact
• Termination outside 1 year
• No cause evictions
• Rent caps

Oregon Landlord Tenant Act ORS Chapter 90

• Jurisdictions Requirements
• Landlord Rights
• Tenant Rights

OREGON LANDLORD TENANT ACT ORS CHAPTER 90

• Jurisdictional Requirements/Exclusions
• Applies to “dwelling units” including homes, apartments, ADU’s, floating homes, RV
• Does not apply to:
Medical, geriatric, educational, counseling, religious etc. (includes drug and alcohol)
• 90 day or less occupancy as part of a sale “rent back”
• Fraternal or social organization
• Hotels/Motels
• Squatters
• Vacation
• Occupancy by employee if conditional on employment
• Agricultural occupancy

LANDLORD RIGHTS

• Screening
• Crimes (drug related, person crime, sex offense, financial fraud, any other crime if is of nature that
would adversely affect property, health, safety, or right to peaceful enjoyment of landlord or
tenants.
• Cannot consider FED actions resulting in dismissal or more than 5 years old
• Receive prompt rent payments
• Charge security deposit
• Clean, sanitary and free from debris, rodents, vermin, garbage
• Tenant behave and require other persons in a manner that will not disturb use and
enjoyment by neighbors.
• Tenants keep all plumbing as clean as condition permits
• Use electrical, plumbing, HVAC, elevators, and other facilities in a reasonable manner

TENANT RIGHTS

• Written Lease clearly outlining terms which comply with Landlord Tenant
Act and SB 608
• Non discrimination/retaliatory eviction
• Within 31 days or termination, receive written accounting for security
deposit
• Companion animal without pet deposit
• Good faith
• Habitable (no leaks, no mold, working electrical, water, and heat.)

NO CAUSE EVICTIONS

• 5 exemptions from prohibition of evictions for no cause after year 1 of occupancy (90 day notice
and 1 month rent required)
• To demolish or convert to non residential use
• Repair or renovate dwelling unit that is unsafe or unfit for occupancy
• Move in landlord or immediate family member
• Landlord has accepted offer to purchase property from someone who will occupy as residence
• If landlord lives in same property with 2 or fewer units, 60 day notice
• Notice requirements (month to month tenancy)
• First year of occupancy- 30 days
• After first year for exemptions 1-4, 90 days and pay 1 month rent
• After first year for exemption 5, 60 days notice

FIXED TERM RULES AND NOTICE

• Fixed term tenancies no longer expire under their own terms require SB 608 notice,
automatically become month to month unless parties agree to new fixed term
• Within first year (statewide), 30 day notice before expiration
• Within first year (Portland), 90 day notice + relocation expense unless landlord
notified of intent to sell or convert to non dwelling unit prior to lease.
• After first year (statewide), automatically becomes month to month, must fit into
exemption 1-4 above, 90 day notice and one month rent.
• After first year (Portland), if exempt under state law, still have to pay relocation
expense.

THREE STRIKE RULE

• Fixed term tenancy does not automatically renew if tenant violates rental agreement 3 or more times
• Landlord must give written warning each time specifying the violation, stating landlord may terminate the agreement with 3 violations, and tenant cant cure 3rd violation.
• Landlord gives 90 day notice with 3rd violation letter
• No relocation payment required
• Portland: No such exemption

PENALTIES

If Landlord violates and terminates in violation of new rules, 3 months rent, actual damages, attorney fees, costs, disbursements.

RENT INCREASES

• Landlord may not increase rent by more than 7% plus CPI (3.3%) in 12 month period subject to 2
exemptions:
1. New buildings (first certificate of occupancy is less than 15 years from rental agreement
2. Government subsidy reduced rent cases.
• Portland: Landlord may not send a notice of rent increase of 10% or more without triggering relocation
assistance

NOTICE REQUIREMENTS

• 90 days notice
• Amount of increase
• Amount of new rent
• Effective date
• Landlord has exemption and will increase above cap, facts supporting exemption.

RELOCATION ASSISTANCE

• City of Portland
• No cause evictions
• 5 exemptions
• Rent increase of more than 9.99%
• Substantial change in lease terms
• Renter receives no option to renew

EXEMPTIONS TO RELOCATION ASSISTANCE

• Rental agreement for week-to-week tenancies
• Tenants that occupy the same dwelling unit as the landlord
• Tenants that occupy one dwelling unit in a Duplex where the Landlord’s principal residence is the second Dwelling Unit in the same Duplex
• Tenants that occupy an Accessory Dwelling Unit that is subject to the Act in the City of Portland so long as the owner of the Accessory Dwelling Unit lives on the site
• A Landlord who temporarily rents out their principal residence during an absence of not more than 3 years
• A Landlord who temporarily rents out their principal residence during the Landlord’s absence due to active duty military service
• A Dwelling Unit where the Landlord is terminating the Rental Agreement in order for an Immediate Family member to occupy the Dwelling Unit
• A Dwelling Unit regulated or certified as affordable housing by federal, state or local government is exempt from paying Relocation Assistance for a Rent increase of 10 percent or more within a rolling
12-month period:
a. so long as such increase does not increase a Tenant’s portion of the Rent payment by 10 percent or more within a rolling 12-month period; or
b. in Lease Agreements where the Rent or eligibility is periodically calculated based on the Tenant’s income or other program eligibility requirements and a Rent increase is necessary due to program
eligibility requirements or a change in the Tenant’s income.
This exemption by Subsection 30.01.085 I.8. does not apply to private market-rate Dwelling Units with a Tenant who is the recipient of a federal, state, or local government voucher;
This exemption by Subsection 30.01.085 I.8. applies to Rent increases and does not apply to Termination Notices;
• A Dwelling Unit subject to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
• A Dwelling Unit rendered immediately uninhabitable not due to the action or inaction of a Landlord or Tenant
• A Dwelling Unit rented for less than 6 months with appropriate verification of the submission of a demolition permit prior to the Tenant renting the unit
• A Dwelling Unit where the Landlord has provided a Fixed Term Tenancy and notified the Tenant prior to occupancy, of the Landlords intent to sell or permanently convert the Dwelling Unit to a use other
than as a Dwelling Unit subject to the Act.

EXEMPTION REQUIREMENTS

• A Landlord is only exempt from paying mandatory Relocation Assistance if the Landlord meets the
following requirements:
• meets the criteria for an exemption listed in administrative rules;
• file the required Relocation Exemption Application ('REA') form with the Portland Housing Bureau (“PHB”)
• receive an acknowledgment letter from PHB (the “Acknowledgement Letter”)
• Provides a copy of the exemption Acknowledgement Letter to the Tenant prior to:
• a. Issuing an Increase Notice;
b. Issuing a Termination Notice;
c. Declining to renew or replace an expiring Rental Agreement;
d. Issuing a Qualifying Landlord Reason for termination; or
e. Declining to renew or replace an expiring Rental Agreement on substantially the same terms except for the amount of Rent or Associated Housing Costs.

Thinking of Selling Your Lake Oswego Home?

Prices are still increasing in Lake Oswego. Interest rates are low and there is still buyer demand. If you want to know the value of your home in today’s real estate market, please call me at 503-804-9685.

SEARCH FOR REAL ESTATE

There are links above to search for real estate.  Or check out my website where you can search or you can use my mobile phone app as well. My website and mobile app provide you with access to all listings available on the RMLS™ system regardless of who the listing agent or brokerage may be. Listings are updated frequently throughout the day giving you the information you need, when you need it.

Moving to Lake Oswego?

Want to know more about Lake Oswego? I’d love to be your buyer’s agent, please give me a call at 503-804-9685.

I have worked in Lake Oswego as a Real Estate Broker since 1978 and have lived in Lake Oswego since 1988 and know all the neighborhoods! I am ready to assist you with all your real estate needs! “There is no substitute for experience.”

ALL ABOUT…..Lake Oswego Real Estate. Copyright 2008-2019. Betty Jung. All Rights Reserved. Use of this article, photos and images without permission is a violation of Federal copyright laws.

 
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