If you are a residential landlord in Oregon, and Portland specifically, SB608 is the newly enacted law regarding no-cause evictions. While I cannot provide legal advice, I wanted to share highlights of the new law, recently presented by Leah Sykes, Attorney, Greenspoon Marder LLP. The law is in effect as of February 28, 2019.
There are four different kinds of notices, depending on the length and term of tenancy:
- End of Tenancy Notice
- Usually after one year
- Applies to month-to-month leases
- 90 days’ notice in Portland
- Termination Without Cause
- After one year of occupancy, landlord must give 60 days
- If landlord is planning to sell unit, other provisions and timelines apply
- Applies to landlords if primary residence is a duplex or smaller
- If lease is a fixed term after the first year of occupancy, landlord must give 30 days’ notice prior to end of fixed term or 30 days prior to specified ending date, whichever is later.
- 90-Day Termination For Cause Qualifying Owner Reason
- Specify reason and supporting evidence/facts.
- Include payment with notice to tenant in the amount equal to one month’s rent
- Reasons include: owner intends to demolish or convert unit to use other than residential; owner intends to undertake repairs or renovations to the dwelling unit and either: 1) premises are unsafe or unfit for occupancy or 2) unit will be unsafe or unfit for occupancy during repairs or renovations.
- Owner intends to occupy unit as primary residence.
- Owner has accepted an offer to purchase unit from someone who intends in good faith to occupy the unit as their primary residence.
- Termination For Cause
- Tenant violates terms of rental agreement three times within twelve months.
- 90 days’ notice required.
- Landlord will need to follow the guidelines for communicating violations to ensure termination is successful.
Rent Control (Portland)
Landlords may increase rent after one year of tenancy at an increase of maximum 7% plus Consumer Price Index (CPI) as published by the Bureau of Labor and Statistics in September of the prior calendar year. As of 2019, the total cap is 10.3%. Rent may not be increased by more than 7% plus CPI when next tenant moves in, if prior tenant was evicted without cause.
Penalties
According to City of Portland’s Charter, Code, and Policies 30.01.085:
“A Landlord that fails to comply with any of the requirements set forth…shall be liable to the Tenant for an amount up to 3 times the monthly Rent as well as actual damages, Relocation Assistance, reasonable attorney fees and costs (collectively, ‘Damages.’)”
Bear in mind, there are always caveats and exceptions, so if you have further questions, please contact me for a referral to an attorney.
