Rainier, OR asked in Landlord - Tenant for Oregon

Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?

How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note that there is no requirement that the tenant move out per se, only if the buyer intends in good faith to occupy the dwelling as the buyer's principal residence. If not, the tenancy goes on the same as before only the tenant pays their rent to the new owner. Fixed term leases normally continue at least until the end of the fixed term regardless of the sale since the buyer buys the dwelling subject to the existing contract, which is exactly what a fixed term lease usually is.

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