Portland, OR asked in Landlord - Tenant for Oregon

Q: Landlord in Portland Oregon wants to give no-cause evictions for ADU during Covid outbreak

when he knows we have zero $ to move due to Covid layoffs.

My girlfriend and I have been living in the basement turned ADU for about 1 1/2 years of a single family home. The home is owned by her ex husband.

She also shares parenting rights with their 3 children who reside upstairs with him (more space).

He now wants to evict her/us no-cause in 30 days but has yet to serve papers.

I have read extensively on the matter and was depressed to find he is exempt from renters protection rights here. Namely relocation costs for no-cause evictions and having to give a full 90 day notice.

Is there ANyTHiNG at all we can do?

2 key things: our rent is always paid & we do not have a written lease agreement. If non payment of rent was an issue at least we would have a full 90 days from Covid protections put in place last month. But I’m assuming we don’t even have that going for us.

Should we stop paying rent just to get a full 90 day notice? Only half joking.. thanks

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

A: First, a landlord is NOT exempt from paying relocation assistance unless and until he obtains an exemption letter from the Portland Housing Bureau and serves you a copy of it with whatever termination notice he thinks appropriate. Second, IF the rental dwelling is within the City of Portland boundaries, any no cause termination notice must be at least 90 days advanced notice - only outside of Portland is a 30 day notice during the first year permissible and if you have been there for 1 1/2 years, not only does he have to provide you at least 90 days written advanced notice of his intent to terminate your lease, but if it is a no cause termination, he must have and specify in his notice to you a permitted reason to terminate your tenancy. He also must serve you a variety of other paperwork with such a termination notice, such as written notice of your rights regarding relocation assistance (even if he is exempt from paying them). If he fails to do so, it likely is worth 3 months rent, plus actual damages, plus any relocation assistance you should be entitled to, plus your court costs, plus your attorney's fees. Lastly, it is a potential misdemeanor for a landlord to serve any termination notice for failure to pay rent or for no cause during the Governor's 90 day moratorium (expires June 20, 2020) so you are not likely to get any notice until after then at best and if you do, it will be unenforceable. After June 20, unless further changes occur, the landlord would then be able to serve you a 90 day notice (assuming you are in Portland), meaning he couldn't get rid of you before the last half of September at the earliest. If you have problems or questions, consider reviewing everything with a local landlord-tenant attorney. Good luck.

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