How can a tenancy be terminated in the State of Oregon?
To terminate a month-to-month tenancy, either party must give at least 30 days’ notice in writing to the other party prior to the termination date. To end a week-to-week tenancy, written notice must be given at least 10 days prior to the termination date.
Generally, a fixed term lease cannot be terminated prior to the end of the lease term, unless both parties agree otherwise in writing.
On what grounds can a landlord evict a tenant?
If a tenant is 7 days late in paying rent, the landlord can give a 72-hour notice to pay or move. (For week-to-week tenants, this notice can be given if the rent is more than 4 days late.) If rent is paid within the 72-hour period, the tenant does not have to move. The landlord must accept rent payments made during the notice period. If the landlord accepts part of the rent, the eviction may not proceed during the same rental period for nonpayment of rent, unless the tenant agreed to pay the balance on a certain day and then failed to pay. The landlord does not have to accept any payments offered after the notice period.
If a tenant or someone in the tenant’s control inflicts substantial personal injury upon the landlord, other tenants, neighbors or others on the premises by permission, or threatens immediately to inflict personal injury upon the landlord or other tenants, or causes major damage to the unit, the landlord may give a 24-hour notice. A landlord can give a tenant a 24-hour notice to move if the tenant has committed an "extremely outrageous" act, including but not limited to drug manufacturing or delivery, gambling, prostitution, burglary or intimidation.
If a tenant lives in a premises because of employment in or around the rental building (such as a resident manager), he/she can be given written notice of at least 24 hours terminating such employment. Following the notice period, the former employer can file an eviction but cannot lock out the tenant or call the police for trespass.
If a landlord is seeking an eviction for cause other than those given above, the landlord must give a 30-day notice for cause (7 days for week-to-week tenancies) with the opportunity for the tenant to fix the problem within 14 days (4 days for week-to-week tenants). If the problem is corrected within the 14-day (or 4-day) period, the tenant may stay. However, if the tenant causes the same problem within 6 months of receiving such a notice, the landlord may give a 10-day notice (4 days for week-to-week tenants) without allowing any time to fix the problem.
If a tenant is keeping a pet in violation of the rental agreement, the landlord may give a 10-day notice to remove the pet or move.
A landlord cannot lock out a tenant, remove a tenant’s property, make threats, or cut off essential services (heat, electricity, water) to force a tenant out, regardless of what the tenant has done to the rental unit or to the landlord. Evictions must be done through the courts. Only the sheriff, with a court order, has the authority to physically remove a tenant.
A landlord may not legally retaliate by increasing rent, decreasing services, serving an eviction notice, threatening eviction or filing an eviction case after a tenant has exercised any of his/her rights under the law by making a complaint, or organized or joined a tenants’ union, or testified against the landlord in court, or won an FED case within the previous 6 months unless the win was based on a technicality.
It is NOT illegal to evict a family, even with small children, for nonpayment of rent or other legal reasons.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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