Ashland, OR asked in Landlord - Tenant for Oregon

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?

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

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.

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.