Q: During the moratorium on evictions what if the eviction is no cause? How will those be handled after the moratorium?
We were served a no cause 30 day within the first year notice. We are requested to vacate by 11:59 on 5/4/2020. I don't think there is a way to enforce it until after the moratorium - correct? At that point what happens? If rent is accepted does that negate the notice?
A: It depends upon when you were served (or perhaps when the Notice was issued) a No Cause Termination of Tenancy Notice and possibly where you are located in the State of Oregon. Any such Notice issued on April 1, 2020 or later is unenforceable; unlawful; and technically may be a misdemeanor. No Cause Notices are banned from being issued, the same as termination notices for failure to pay rent. Currently the ban on these Notices is valid through June 20, 2020 though that may be shortened or extended in the future as warranted. On top of that, the courts are essentially closed until at least April 30, 2020 so no eviction actions will be taken for any reason until after that. Whether an otherwise lawful notice is enforceable after that remains to be seen - hopefully the courts, the Governor, and/or the legislative bodies will make things clearer by the time this all opens up again. Some Counties are also issuing their own landlord-tenant rules. If rent is accepted after the termination date specified in the Notice, and not returned within 10 days of receipt, that likely would waive a landlord's right to enforce any termination of tenancy notice.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
