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Can Landlords Evict Right Now In Oregon?

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Can Landlords Evict Right Now In Oregon?

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The last 12 months have been the hardest for landlords in Oregon for one reason, landlords have not been able to evict tenants for non-payment of rent during the Coronavirus Pandemic.

As we get closer to getting back to ‘normal’ after the pandemic, most landlords want to know if they can go back to the way things were before COVID-19 and ultimately evict their tenants, especially if they don’t pay their rent?

All landlords are prohibited from terminating a tenancy for no-cause under ORS 90.427(3) and (4) until June 30, 2021. Effective February 1, 2021, a landlord can serve a tenant with a termination notice for any of the four qualified landlord reasons outlined at ORS 90.427(5).

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Understanding The Statewide Eviction Moratorium

It’s understandably frustrating for landlords to not be able to collect rent from their tenants, especially because a landlord cannot continue covering the mortgages and other expenses of their rental properties themselves.

The state-wide moratorium for termination notices for no cause expires on June 30, 2021. The state-wide moratorium for terminations based on nonpayment of rent ended on December 31, 2020, unless a tenant submits a written declaration of financial hardship to their landlord.  If a tenant submits a written declaration of financial hardship, the state-wide moratorium for nonpayment of rent is extended for that tenant until June 30, 2021.  

A tenant that has been financially impacted during this state of emergency should submit a written declaration of financial hardship to their landlord to receive the most protection during this time. 

For tenants who submit a written declaration to their landlord: Tenants are protected from termination for nonpayment of rent until June 30, 2021. Tenants also have until July 1, 2021, to repay any rent or other charges accrued between April 1, 2020, and June 30, 2021. Tenants will need to begin paying monthly rent under the terms of their rental agreement on July 1, 2021. 

For tenants who do not submit a written declaration to their landlord: Tenants are protected from termination for nonpayment of rent that was deferred between April 1 and December 31, 2020, until March 31, 2021. Tenants must pay back any deferred rent or other charges by March 31, 2021. Tenants in the City of Portland or Multnomah County must begin paying monthly rent under the terms of their rental agreement on February 1, 2021. Tenants outside the City of Portland or Multnomah County must begin paying monthly rent under the terms of their rental agreement on January 1, 2021. Failure to pay monthly rent can result in the tenant receiving a termination notice for nonpayment of that month’s rent.

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