Access to Justice

New Rules for Landlords

It is important to realize that changes may occur in this area of law. is information is not intended to be

legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

Does SB 608 apply to my tenancy?

e provisions of SB 608 apply:

1. To any xed-term tenancy entered into or renewed aer February 27, 2019;

2. To the termination of any month-to-month tenancy; and

3. To all rent increase notices.

In most jurisdictions, a landlord can issue a written 30-day “no cause” eviction to month-to-month tenants during

the rst year of occupancy. In other jurisdictions, including Portland and Milwaukie, 90 days notice are required

instead of 30 days. “First year of occupancy” means the rst year of any tenant’s residency at a rental property with

a month-to-month rental agreement.

Aer the rst year of occupancy, a landlord with month-to-month tenants can issue a 90-day termination notice

if the landlord has a “qualifying landlord reason.” (See below for a discussion of qualifying landlord reasons.) If a

landlord has a qualifying landlord reason justifying a 90-day termination notice, the landlord must:

1. Issue a termination notice that states the reason for the termination and supporting facts allowing

termination;

2. State the rental agreement will terminate on a specied date at least 90 days later; and

or two dwelling units. is could occur if a tenant lives in an ADU on the premises. In most jurisdictions this is a

60-day notice; in others, including Portland and Milwaukie, a 90-day notice is required.

Additionally, a landlord can issue a “no cause” termination notice aer the rst year of occupancy if:

1. e landlord’s primary residence is in the same building or on the same premises as the tenant;

2. e building or premises only has one or two dwelling units;

3. e landlord has accepted an oer to sell a dwelling unit separately from any other unit;

4. e buyer is a person who intends in good faith to occupy the unit as the buyer’s primary residence; and

5. Within 120 days aer accepting the purchase oer, the landlord provides the tenant with written notice of

termination with a specic termination date and written evidence of the oer to purchase the dwelling unit.

e time period for this type of notice is 30 days in most jurisdictions; it is 90 days in Milwaukie and Portland.

reasons as a month-to-month tenancy, including the statutory provisions mentioned in the last paragraph above.

For a xed-term tenancy with an expiration date within the rst year of occupancy, the landlord may terminate the

tenancy at its expiration without cause by giving the tenant 30 days* written notice. at means 30 days prior to the

ending date of the xed term, or 30 days prior to the date designated in the notice for the termination of the tenancy,

whichever is later. (*90 days written notice in certain jurisdictions, including Portland and Milwaukie)

For a xed-term tenancy with an expiration date aer the rst year of occupancy, the xed-term tenancy

automatically becomes a month-to-month tenancy at its expiration unless:

1. e landlord and tenant agree to a new xed-term tenancy;

2. e tenant gives 30-day written notice of termination; or

3. e landlord has a “qualifying landlord reason” to issue a 90-day termination notice.

becoming a month-to-month tenancy if:

1. e tenant has committed three or more violations of the rental agreement within the preceding

12-month period;

2. e landlord has given the tenant a written warning notice at the time of each violation; and

3. e landlord issues written notice at least 90 days before the end date for the xed term or 90 days

before the termination date in the notice, whichever is later.

Each written warning notice must:

1. Specify the violation;

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3. State that correcting the third or subsequent violation is not a defense to eviction.

a 90-day termination notice?

e “qualifying landlord reasons” for termination are:

1. e landlord intends to demolish the dwelling unit within a reasonable time;

2. e landlord intends to convert the unit to a use other than residential use within a reasonable time;

3. e landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time

and:

a. e premises is currently unsafe or unt for occupancy; or

b. e dwelling unit will be unsafe or unt for occupancy during the repairs or renovations;

4. e landlord has accepted an oer to sell a dwelling unit separately from any other unit and:

a. e buyer is a person who intends in good faith to occupy the unit as the buyer’s primary

primary residence; and

b. e landlord does not own a unit in the same building that is available for occupancy at

the same time that the tenant receives notice to terminate the tenancy.

How can I increase the rent under SB 608?

During any 12-month rolling period, most landlords may not increase the existing rent by more than

7 percent plus the Consumer Price Index (CPI). e Oregon Department of Administrative Services will

publish the maximum annual rent increase allowed. e maximum rent increase for 2023 is 14.6 %.

A landlord is not subject to this limitation on rent increases if:

1. e rst certicate of occupancy for the dwelling unit was issued less than 15 years before the rent

increase notice; or

2. e amount of the new rent;

3. e date on which the increase becomes eective; and

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A landlord who terminates a tenancy with a “no cause” termination notice during the first year of occupancy

HB 2001 redenes the statutory meaning of nonpayment, extends the time given for nonpayment termination

notices (back to 10/13 days as during COVID protections), requires additional information and disclosures

in nonpayment termination notices and summons, and also extends the eviction timelines, which will delay

resolution of FEDs (evictions). ere is no repeal date included within HB 2001.

Specically, HB 2001 does the following:

1. Eliminates 72-hour nonpayment of rent termination notices, and changes the timeline to 10 days. It also

eliminates 144-hour nonpayment of rent termination notices, and changes that timeline to 13 days. is

does not include 3 additional days for rst class mailing.

2. Requires a landlord to deliver the attached NOTICE RE: EVICTION FOR NONPAYMENT OF RENT.

is notice must be included with a 10-day nonpayment of rent termination notice, 13-day nonpayment

reasonably participate with a rental assistance program. A landlord must allow a tenant to make payment

during the FED.

4. Changes the denition of ‘nonpayment’ to mean the nonpayment of a payment that is due to a landlord

for rent, late charges, utility or service charges, or any other charge or fee as described in the rental

agreement or ORS 90.140. However, “nonpayment” does not include payments owed by a tenant for

damages to the premises.

5. Extends scheduling FED rst appearance dates and trial dates for nonpayment FEDs.

6. Requires a landlord to attest (via a Declaration or Adavit) that the landlord does not have knowledge

that the tenant has relinquished possession of the premises to landlord, and that landlord reasonably

believes that the tenant remains in possession of the premises. Landlords who do not provide this