Portland, OR asked in Business Formation, Civil Litigation, Communications Law and Landlord - Tenant for Oregon

Q: Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?

The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked staircase in the 1st week I moved in, shattered my clavicle & had to have surgery due to it. Missed several weeks of work & advised the landlord I would be late until I could catch up but I would pay the $200 late fees each time (had no choice) & when I knew March rent would be my last late month I advised that also, still they give 72hr notice. I am waiting to see if they return my check, what can I do if they do return it and move forward with the eviction?

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

A: A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO accept rent after the 72 hr deadline, they likely lose their chance to evict under that Notice so it may be that landlord's will prefer to accept rent however/whenever they can get it at the moment, figuring it to be better to worry about being able to evict later if it means collecting rent now, especially when many (most?) landlord's rely upon the rent to pay the mortgage on the place.

Katherine Goodman agrees with this answer

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