Q: Does Portland ordinance for tenants supersede my short term guess agreement with my tenants
I have a condo in SE and let in two people just prior to Covid with a short term guess agreement so we can see whether the relationship as tenants will work out. They are tending to the condo, but as of 4 months one of them has not paid rent as she is looking for work and financial support.
I want to put my condo on the market but a relator told me no one buys a condo with tenants in Portland and to reach out and discuss the situation with a lawyer. Could I give them 30-90 days without paying them moving fees (according to Portland ordnances) or do I have to still pay them in order to remove them?
Thanks for your time and advise
Short answer is no, you would most likely have to pay relocation fees and if you are terminating the month to month lease agreement and assuming that it has been more than 1 year they have been renting the property from you, you would have to give them a reason for termination of the tenancy. If that reason is because you are selling the property, you would need to have a month to month agreement with them, have accepted an offer from a buyer who is intending to use the property as their primary residence, pay relocation fees, and give not less than 90 days. If you have not spoken with a local landlord tenant attorney I would recommend speaking with an attorney to help with drafting and serving the notice of termination.
Gregory L Abbott agrees with this answer
A: If you have a residential rental unit within the Portland city limits, you are subject to Portland's ordinances and relocation payment requirements, unless you are exempt by the Ordinance. As my colleague points out, you can terminate their month to month tenancy with at least 90 days prior written notice IF you have a permitted reason. Selling a dwelling is a permitted reason but you have to wait until after you have accepted an offer to buy and have the buyer certify that they intend to reside there as their primary residence. Regardless, if they both are on the same rental agreement and are behind in paying rent, it would seem that simply serving the tenants with a pay rent or quit notice would be a reasonable way to go. If it is not timely paid, don't accept the rent after the deadline in the Notice and proceed to evict for failure to pay rent. It will save you having to pay the relocation assistance and can be done usually in less than 30 days, perhaps much less. Do understand that if you put it on the market and the realtor wishes to show it, 24 hours advance notice is still required to the tenant and they are allowed to deny your entry.
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