LANDLord/TENANT LAW

There are four fundamental things to understand: 

1. What is a lease?

2. How a lease ends 

3. What is an eviction?

4. New rules for the COVID-19 era

Important notice: Please note that everything on this site is intended only as a summary of the law, and is not legal advice and does not create an attorney/client relationship. Important exceptions may apply that could change your rights and responsibilities. Please bear in mind also that in this area of law in particular, some of the rules discussed here are new and untested in the courts, and things may change rapidly. (This page was last updated on May 1, 2022.) You should consult with an attorney in private if you have any questions.

Either: 

1. A written contract to rent a dwelling, or

2. An agreement to pay rent in exchange for the right to live somewhere (with or without a written document) .

If you pay rent, you have a lease.

A lease can either be month-to-month, or (if in writing) for a particular term. If a term lease expires, but the tenant keeps paying rent and the landlord keeps accepting rent, the lease converts to a month-to-month lease.

A lease ends if it expires and is not renewed; if the tenant gives a notice to the landlord and leaves; or if the landlord gives a notice of termination to the tenant. Our concern here is with the notices that the landlord might give to the tenant. 

Even before the COVID-19 pandemic, no-cause terminations of leases were mostly prohibited under Oregon law, once a tenant has lived in a residence for more than one year. There are some important exceptions. These include: landlords who share their personal dwelling with a tenant can terminate the tenancy for no cause; so can landlords who intend to move personally into the dwelling, or who have sold it to someone who intends to do so. Other exceptions apply for substantial work done on the property or properties that are not fit for habitation. 

Causes for termination of leases fall into three main categories: 

1. Violation of a lease (other than failure to pay rent) - requires 30 days' written notice, with 14 days to 'cure' the violation

2. Failure to pay rent - requires 10 days' advance written notice, during which time the rent can be paid

3. Serious wrongdoing - requires 24 hours' written notice

If the tenant leaves within the notice period, the law considers the matter resolved. If the tenant refuses to leave, pay the rent, or otherwise address the violation, the landlord can proceed with an eviction. A notice of termination is not an eviction. 

An eviction is a lawsuit (technically, a 'Forcible Entry and Detainer' suit) filed by a landlord for possession of a dwelling. The landlord must go to the Court and file a petition. The Court will schedule a trial date. At the trial, the landlord must prove:

1. They have the right to possession (i.e., they own the place).

2. They gave notice properly.

3. The tenant violated the lease or did something that justifies eviction.

If the landlord can prove these things, the Court will give them a Judgment of Eviction. If the tenant still refuses to leave, the landlord can ask law enforcement personnel to remove the tenants for them.

These have changed many times over the past two years, in response to the exigencies of the COVID-19 pandemic. The current rule is this: tenants are again required to pay rent, and if a tenant is more than 5 days late in paying, the landlord may issue the tenant a notice of termination, giving them 10 days' advance notice in writing, to pay or leave. However, if the tenant provides the landlord with written proof that the tenant has applied for emergency rental assistance, then the landlord may not take any action to evict the tenant until that application is approved, or denied, or until September 30, 2022. 

1. If you are a tenant, and you cannot pay your rent as a result of a loss of income caused by the pandemic, you should apply to local agencies for rental assistance. As of this writing, the Oregon Emergency Rental Assistance Program is closed to new applicants, due to requests for assistance exceeding available funds; but there may be additional resources available at the county or local level. 

2. Tenants don't need to prove loss of income, sickness, or any other reason to qualify for this protection.

3. Tenants will need to repay any back due rent, no later than September 30, 2022 (or sooner if approved for assistance). 

4. Tenants should notify their landlords of what they plan to do.

5. If you are a tenant and you can pay rent, you should.

6. If you are a landlord, you should not count upon tenants paying rent in this period. Even if they ultimately do end up owing the rent, you can't collect money from someone who doesn't have any. Land owners who are unable to make their mortgage payments as a result of this situation should consult promptly with their mortgage lenders to seek relief. More information is available here.

7. If you are a tenant and you cannot pay the rent back before September 2022, you may want to move before then. Your landlord will be able to sue you in small claims court for any rent you still owe; but you can only be evicted if you still live in the property. Having an eviction on your court record is probably worse than having a small claims judgment, in terms of the difficulties in finding new housing. 

To read the relevant laws directly, see our citations.