Q: What is the current moratorium for evictions in Oregon?
Our lease is up on March 31st and our landlord served us a 90 day notice on January 1st. They sent it via email. They plan on putting the house we're renting up for sale next month. I thought the moratorium would protect us from having to move out but they said it didn't count for us as we pay our rent every month. Is that true?
A: First, serving you a termination of tenancy notice by email alone is invalid and unenforceable - it is required to contain the specified information and be served to you by either personally handing it to you; mailing it regular first class mail (NOT Certified) and adding an additional 4 days to the termination date, including the day of mailing, or, if your written rental agreement provides for it, by attaching a copy to your main entrance door and mailing you a copy (the advantage being they do not have to add the additional 4 days). Currently, an owner is permitted to terminate a tenant's tenancy with a 90 written notice, properly served, IF they sell the dwelling to a bona fide purchaser who intends to occupy the dwelling as their primary residence. But the 90 day notice cannot be lawfully served until after the current owner has accepted an offer to buy the dwelling; has certification from the buyer as to their intent to live there as their primary residence; and the current owner provides the tenants with copies of the purchase paperwork to verify the sale. If you want to maximize the time you get to stay, simply stay quiet and wait. Come March 31st and the landlord wants to know why you are not out, THEN is the time to tell him his notice was invalid and unenforceable. If he tries, many attorneys would take your case without charging you for their fees but rather they would count on getting paid by the landlord upon either prevailing or settling the case. Good luck.
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