Managing properties is fun, exciting and at the same time can be challenging with respect to keeping up on the State Laws. I know because prior to us becoming Property Managers, the only way that we could have been apprised of and kept up to date on changes in Oregon Landlord Tenant Law was to download and read the Real Estate Boards minutes from every meetings. I am sure there are other resources out there, but we sure didn’t know about them.
Now, as Property Managers it is our 24/7 job to stay on top of the changes in Oregon Real Estate management to ensure that our customers assets are completely protected.
One of the recent changes that took effect earlier this year is that for a “no cause” eviction, you must give them a 60 days period of time before you can terminate the lease. Now, this is only for a lease which is under a month to month arrangement and they were in the property for longer than 1 year. “no cause” means that they, as Tenants, have been in compliance with your lease and have not violated any rules. You are evicting them for an unrelated reason (you are moving back in, need the house for another reason, etc.)
However, the flip is not true. The Tenant is not required to supply a 60 day minimum timeframe. For the Tenant to end the lease, only 30 days is required.
If you are evicting the Tenant for a cause, then you can complete the process in 30 days. Here is where I forsee some stickiness in this law and some potential problems (lawsuits) for Landlords down the road. Who canr eally define what “cause” is? In the notice fo eviction, you must detail the reason for the eviction and must state that their tenancy will end 30 days after the date of this notice. Also, you must also inform the Tenant that if the reason that are being evicted can be solved by them, that they have 14 days to do so. If, after 14 days, the problem is not fixed, you can file for the eviction with the court. (30 days if a manufactured dwelling)
Another caveat is that if the Tenant fixed the problem the first time and a repeat event occurred within 6 months of the first notice, the lease can be terminated with 10 days notice.
The other eviction laws have relatively stayed the same with respect to the 72 hour notice (non payment of rent) and 24 hour notice of eviciton (special circumstances).
Property Management and Landlording in Oregon can be a tricky game, make sure before you communicate anything regarding evicitons to your Tenants, that you are within the requirements and laws of the State of Oregon. They are very protective of Tenants that are subject to evictions posed upon them that are not withint he State Laws.
Patrick & Shelly Rogers
New Foundations Property Management, Medford Oregon