Updated on October 5, 2021.
Owning a property that generates income is a dream come true for many. However, a rented property also generates expenses, and sometimes the monthly balance shows red numbers. But suppose the rental property is well maintained, tenants, take good care of the place and pay the rent on time. Plus, the equity the property acquires. If that is the case, the rental property can become a highly appreciated long-term asset.
We want to overview the Portland and Oregon laws regarding the ban on evictions as the tenant/landlord ordinances enforced during the Coronavirus epidemic.
Also, we want to share one of our clients’ experiences as a landlord. Please read it down below.
Recently, we worked with a homeowner who owned a rental property with tenants. When he had, have contacted us by phone for the first time. We asked him the usual questions regarding his property.
“How long have you been with your rental property?” Was one of the questions I asked
“I have owned this house for the past ten years. I’m still making mortgage payments,” he said.
“Ten years, you must be receiving income from that house. Why do you want to sell it?” I asked him
“I want to be honest with you, Scott,” he said. “Tenants currently occupy the house.”
“Well…that is not a problem for us, we can buy it,” I kindly replied.
“For me, that property has been a big problem. My tenants haven’t paid rent for the past 24 months,” he said.
“24 months, are they your relatives? What have you done to evict them?” I asked with surprise.
“No, Scott, the tenants are not from my family. I have done everything humanly possible and have used all the legal means to evict them, but nothing has been successful. They changed the locks and have denied me access to the house. I have offered them cash to relocate, but I have had no answers either. ” And his voice sounded desperate through my cell phone.
The client asked me if we would be willing to make a fair offer for the property in its condition. After we visited his home and made all the observations, we presented him with a cash offer for his home.
Coincidentally, in those days, the court ruled in his favor for a pending eviction lawsuit, then with the eviction date looming, the tenants finally vacated.
When we were able to see inside the property for the first time, it was worse than we expected. The tenants had made holes in the walls, garbage, rodent feces, and clothing to the knee covered. Because of this situation, the owner agreed to a slight reduction in price based on the unexpected cost to repair and decontaminate the place.
Then, according to our process, we closed the deal and gave him cash in 7 days.
The client told us that he could better use his money in other endeavors and no longer want to be a landlord.
Unfortunately, these situations are frequent because of the Oregon landlord and tenant laws, which heavily burdened t\landlords.
If you find yourself in a similar situation, we can offer assistance and buy the property that bad tenants have turned into garbage.
If you want to sell your occupied property, we can accommodate this as well. We will buy your rental house and inherit your tenants (paying or non-paying rent). Then, we will ask them for the house keys and offer them some cash to help them move out of the house.
How Long Does It Take To Evict A Tenant?
It is not easy to answer this question. The eviction process in Oregon should begin with a written note from the landlord stating the intention to retake possession of the rental property.
The amount of time given to a tenant to remedy the violation on rental agreement terms, pay the amount due, or vacate the property depends on the reason the property owner claims. Oregon law says:
However, the federal and local tenant-landlords rules had changed because of the COVID-19. In the last update on August 26, 2021, the United States Supreme Court struck down the Center for Disease Control’s (CDC) eviction moratorium. Landlords may now enforce eviction judgments for eviction for unpaid rent from July 2021 and onward.
Under Oregon law, deferred rent accumulated between April 2020 and June 2021 is not due until February 28, 2022. Any rent paid at this point may not be applied towards rent that was deferred under Oregon law.
Reasons for Evictions in Oregon.
- Nonpayment of rent – If an Oregon tenant fails to pay rent, the landlord may issue a 72-hour Notice to Pay or Quit after a 7 day grace period. Oregon landlords may also opt for a 5 day grace period and then give a 144-hour Notice to Pay. Either way, if the tenant does not pay, then the landlord may proceed with eviction.
- Lease violation – If a lease violation occurs, the landlord may give a 30-Day Notice to Cure or Quit. If the tenant does not fix their behavior by then, the landlord may pursue legal eviction.
- Illegal acts – Some illegal actions entitle landlords to evict within 24 hours, such as making or using illicit drugs, falsifying documents related to unlawful activity, and prostitution on the property. The landlord may give a 24-hour Unconditional Notice to Quit.
At-will tenants are entitled to receive at least 30 days’ notice before being evicted without cause. It is illegal for landlords to evict as a form of retaliation or for discriminatory reasons.
Other Causes For Eviction
- Stop paying the rent
- Breach of the terms of a rental agreement.
- Tenants or members of his household commit outrageous acts. Acts of scandal can include:
- Threatening other people.
- Cause substantial damage to rental property.
- Committing illegal actions associated with illicit drugs.
Regardless of the reason for the eviction, the state of Oregon requires landlords to initiate the eviction process by notifying tenants in writing of their intention to take control of the rental property.
The time the landlord must give the tenant to correct a problem or vacate the property depends on the specific reason for the eviction.
When Can a Tenant not Be Evicted in Oregon?
In Oregon, it is not legal to attempt to evict a tenant for presenting complaints to a government agency about a violation of construction laws or codes.
-Organize or belong to a tenants association.
-Testify against the landlord in a legal matter.
-Complain to the landlord about a property issue.
-It is also illegal to evict tenants based on their race, gender, religion, national origin, sexual orientation, marital status, or disability.
Under the current Oregon legislation,
Foreclosure And Eviction Moratoriums
In 2020, Under ordinance 189890, the city of Portland aligned itself with Multnomah County and executive order 20-13 of the Oregon Governor signed on April 1, granting a 90-day moratorium for rent payment and extendable for the duration of the coronavirus health emergency.
Tenants in Oregon who cannot pay rent must notify their landlords within a reasonable time to accrued debt and be eligible to pay the rent due in a six-month grace period.
After April 16, tenants who cannot make their rent payments are not required to submit any written proof of the impairment but must notify their landlord promptly. Landlords may not attempt to evict tenants under this 20-13 order during the time of the moratorium and the six-month grace period for late payment.
On Aug. 26, 2021, the U.S. Supreme Court overturned a moratorium on evictions ordered by the Centers for Disease Control and Prevention (CDC). The moratorium, originally imposed last year in response to the pandemic, had been extended to Oct. 3. Renters and landlords looking for assistance can use the Consumer Financial Protection Bureau’s Rental Assistance Finder tool to search for information on rental assistance in their area.
While welcoming a federal effort to address the financial difficulties millions of families now face paying for housing, advocates for tenants and landlords say this moratorium only delays problems while also giving homeowners tenants and landlords time to access critical funds.
Plenty of money is available for landlords and renters: The government has distributed only 10 percent of the money allocated to rental assistance.
Who is covered by the moratorium?
Three groups of people qualify for protection based on their incomes:
- Individuals who earn $99,000 a year or less ($198,000 for couples who file jointly).
- People who received stimulus checks under the CARES Act last year.
- People who did not have to report any income to the Internal Revenue Service (IRS) in 2019 because of low earnings.
The moratorium does not apply to tenants who are being evicted because their leases have ended. It also does not cover those being evicted because they have threatened the health and safety of other residents, have caused significant property damage, engage in criminal activities on the premises, or violate the building’s safety codes or other contractual obligations.
We buy properties as-is. We buy properties with tenants or vacant ones. Homes in any condition and for the reasons that motivate you to sell. We will visit your house, present you with a fair offer, and we can close the business in up to 7 days.
Sell your house for cash – We will buy it.
The vast majority of experiences buying properties with tenants are very positive. Our company has bought houses inhabited by excellent tenants, to whom we have had the pleasure of assisting in relocating them and who have given us an invaluable collaboration.
It is essential to know the tenant-landlord city, county, and state laws. The eviction processes are often not as fast as a homeowner likes, but it is part of the law, and tenants and landlords have rights and responsibilities.
We have the experience and extensive knowledge to find our clients home selling solutions. We know people need to sell their homes for different reasons. Contact us by filling out the form on this page or call us directly.