Q: I want to move into my rental property in 6 months. Tenants just moved out. Do I do a 1, 3, 6 month lease? Days notice?
I'm confused about the best way to legally set up my lease if I want to have my tenants move out in 6 months. I don't want to pay relocation assistance. I want to give them proper notice. 3 month lease, then month to month with 90 days notice? 6 month lease with 90 day notice? Thank you!
A: I am presuming that your rental dwelling is located within the city limits of Portland, given your reference to paying relocation assistance (it only applies to dwellings in Portland city limits). The first issue is to determine what, if any, exemption you may qualify for. That in turn will specify what requirements you have to follow and what hoops you need to jump through. You likely will need to provide the tenants with a copy of the exemption letter from the Portland Housing Bureau BEFORE entering into a rental agreement. Depending upon those issues, it likely won't make much difference how you structure the 6 month tenancy as long as you understand that however it is structured, if the tenants fail to vacate for any reason, it can take you several weeks to a month or more to actually evict and force them out before you can take possession. You need to factor that possibility into your planning so you still have some place to stay if that occurs. All told, you may want to review everything with a Oregon landlord-tenant attorney to be sure everything gets structured correctly. One in the Portland area is more likely to be familiar with the requirements of the Ordinance than an attorney elsewhere in the State. Best of luck.
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