Seattle, WA asked in Real Estate Law and Landlord - Tenant for Oregon

Q: In Oregon, I have a tenant who's lease is ending in March. Can I choose not to renew their lease?

With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.

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

A: One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling is within the Portland city limits, then you may have further hoops to have to jump through or even still be prohibited. All this said, the Oregon legislature is meeting this week in emergency session with a prime topic being further alterations of landlord-tenant law so watch closely. Just because something is legal today, it may literally not be tomorrow...or something illegal today could become lawful again this week...

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