Q: Our landlord has put up a for sale sign in the yard and want to show the house tomorrow. Are they allowed to do this?
I’m asking primarily because of covid-19 and we have been sick (untested).
A: Sure they can as long as they give you at least 24 hrs advanced notice before entering. You, however, are also free to say "no, please do not enter" and they have to respect that. Any tenant can always refuse entry to a landlord (or anyone else except police with a warrant) by simply saying no when receiving the 24 hr notice or at any time up until the entry. You can post a sign/note on the main entrance door telling them not to enter or simply say no when they arrive if you wish. Tenants are free to deny entry to the landlord as long as they do not do so unreasonably - and I do not believe any Judge would find denial of entry during the Covid-19 emergency to be unreasonable. More to the point, the landlord could not get a Judge to even hear the matter until after the courts open again - currently scheduled for May 1, 2020 but subject to change and perhaps not until after the Governor's Order expires, currently scheduled for June 20, 2020. Good luck.
Under normal circumstances a landlord should be able to set a time to show the house that they are renting. But the Governor's emergency order forbids social gatherings and require people to shelter in place. So this could be violating the governor's order. https://govsite-assets.s3.amazonaws.com/jkAULYKcSh6DoDF8wBM0_EO%2020-12.pdf
Read the order (link I just gave you) and share it with the landlord. Hire a landlord tenant Attorney to explain to your landlord that any house showing will have to wait until after the governor's order is lifted. You could also try contacting the Oregon Health Authority. https://www.oregon.gov/oha/pages/index.aspx
I don't know if the police will help you but you could try calling their non-emergency line. The governor's order is law and there are criminal penalties for violating it so the police might actually help you with this.
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