COVID-19 Oregon Q&A by Practice Area

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COVID-19 Oregon Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Please letting is know how to legally avoid to pay the reallocation assistance fee to tenant under the below situation?

We are the landlords of a house that has rented to tenant in Portland. The original lease date was on October 01, 2018 to October 01, 2019. After the leasing ended, we renewed the lease with tenant and the lease would end on April 01, 2021. However, on March 15, 2021, we sent to tenant a lease... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

You appear to be just racking up potential violations that may come back to haunt you. You don't say what the existing/now expired lease provides regarding renewal but within the City of Portland, a landlord is required to offer a renewal lease unless you meet specific criteria. And in all... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to sell a rental and understand I can if the purchaser moves in and I give tenant 90 day notice. True?

tenants have lived there for over a year and are on month to month. Looks like I can sell the unit if who ever purchases it moves in, and I give the tenants 90 notice. I know I will have to pay the moving costs Portland makes landlords pay the tenants.

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2021

Yes, even with the current Covid restrictions, a landlord can sell the rental dwelling if they jump through all the correct hoops. You must first have accepted an offer to buy the property and have the buyer certify that they intend to occupy the property as their primary residence. Then, you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I challenge a declaration of an inability to pay rent for someone who rents a room in my residence and is employed?

He has been employed for most of Covid and received a stack o f unemployment checks for that time. His rent includes all of his bills, so he only pays for his food. He has not paid me any rent since June of 2020. He refuses to move out and refuses to clean. He tries to instgate fight to try to get... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

No, part of the Covid moratorium laws re landlord-tenant specify that a tenant's declaration regarding inability to pay rent cannot be challenged in court. But it does sound as if you may have grounds for issuing for cause termination notices - and they are not prohibited during Covid (except... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: LL sent 2 unlawful no-cause eviction notices last year I just got a 90 day notice because she’s moving back. Legal?

Last summer I first got a 30 day notice and after I sent her info showing it wasn’t legal she sent me a 90 day notice. Still unlawful. I believe she was looking to give whatever legal reason for evicting me so she said she was moving back in. . Some months have gone by and today I got a new 90... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

Yes. There was a time under the Covid restrictions when all no-cause terminations were prohibited but no longer. Further, at the moment at least, almost all Covid moratorium restrictions re landlord-tenant law in Oregon are scheduled to expire as of the end of June. Depending upon the details of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland. Sublet to roommate, multiple lease violations. Gave 30 day notice to vacate, allowed? Will court even process?

Thank you for your help. No cause 30-day notice seems to be unenforceable until after 06/30/21 based on HB 4401. Roommate smoking which is causing health issues for other roommate in same house. Should I give for cause instead? Is 30 days allowed when in the same dwelling unit? I'm subletting... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 22, 2021

First, be careful as subletting violates most lease agreements, at least without your landlord's express permission. Most no cause terminations are prohibited during Covid. Most for cause terminations are allowed (except for failure to pay rent) during Covid. The question is whether you have... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own a house just outside city of Milwaukie, OR. Renter now over $12k behind and has stopped paying altogether.

Does Oregon law allow us to sell the property during COVID crisis? We know penalties for selling may be stiff but have not been able to find out what they may be in our area. Tenant has lived over one year and annual lease is up on June 30, 2021.

Thank you.

Gregory L Abbott
Gregory L Abbott answered on Apr 19, 2021

When you say your rental property is "just outside of city of Milwaukie", I am interpreting that to mean it is not within the Portland city limits (Portland rules are different). You are free to sell your home anytime, regardless of Covid. If the buyer wishes to use it as investment... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Termination for not getting covid vaccine

Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2021

Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord raise rent during the pandemic moratorium in Oregon?
Gregory L Abbott
Gregory L Abbott answered on Mar 25, 2021

As long as the normal rules are followed - adequate, lawful notice; the raise is within the maximum allowed; etc. Nothing in the Covid moratorium prohibits raising rent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received a 90 day notice - LL wants to sell - via text. I'm current on rent & lease ends in Nov. Can they do this?

I am worried about finding a new rental in this current market within 90 days. Does the notice have to be mailed or hand delivered? Also, is wanting to sell a justified reason for an early termination within the pandemic? Would they have to pay any moving costs or penalties? Any advice would... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 23, 2021

Much depends upon where your dwelling is located and how long you have resided there. That said, email or text is never a lawful means of serving a tenant a termination of tenancy notice and is most likely unenforceable. I interpret your posting to mean that you have a fixed term lease through... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon do I have to wait for my rental to sell before I can ask owner for moving expenses during this pandemic?

I was notified our rental is being put on the market to be sold. Once sold, I may be given 90 days to move. At what point, if any, would The property owner be liable to pay for moving expenses? I read it could be up to one months rent. We are in a pandemic and rentals are scarce so if I have an... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 21, 2021

If you are not within the Portland city limits, and your landlord (not just property manager) owns 5 or more rental units in Oregon, then you will likely be entitled to receive one month's rent as relocation assistance with receipt of a valid 90 day Notice of Termination of Tenancy. If within... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have trial for an Eviction this Thursday. Is it possible to go to trial and ask for motion to set aside the day of?

I am the defendant in eviction court because I have been asked to leave without reason. The landlord has stated that the lease expired and owner did not want to continue a lease. I stayed because I have no home if she makes me leave and I need a valid reason if I am to become homeless. How do I... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2021

Your best move would be to have reviewed everything with an attorney - a single visit would likely evaluate your likelihood of success - before going to court. IF the landlord has an attorney and you do not, you are particularly at a disadvantage. That said, during the pandemic, there are very... Read more »

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2021

I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am renting a home and the landlord want to sell. What rights do I have during this pandemic?

I’ve been living in for 2 1/2 years with my 14 year old daughter. Last month I reported to the landlord of the leaks in the bathroom. As a retaliation he wants to sell the home. I am currently on Noha who pays my rent.

Gregory L Abbott
Gregory L Abbott answered on Mar 6, 2021

While prohibited for a while during the pandemic, currently landlord's are allowed to give a tenant a 90 day written notice terminating their tenancy if they sell the dwelling to a buyer who intends to occupy it as their primary residence. They cannot issue the notice until they have accepted... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to deny inspection to an equity group/ brokerage firm if it puts me at risk for Covid-19?

My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 4, 2021

Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord serve a 90 day no cause eviction during the moratorium?

I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 27, 2021

You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: What grounds does an employer have to force you to quit while on medical leave

I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment

Carrie Dyer
Carrie Dyer answered on Jan 20, 2021

More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the... Read more »

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2 Answers | Asked in Immigration Law for Oregon on
Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.
Kevin L Dixler
Kevin L Dixler answered on Jan 11, 2021

This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.

A future admission may be denied based upon the...
Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can't get my tenant to move after giving her notice that I have sold the house. She has refused to move out .

What can I do to keep from losing my cash buyer? She has been waiting six months to move in. The renter first said she could not find a house to rent. She keeps coming up with excuses why she can't move. She has sited the Covid 19 saying she does'nt have to move now. At first she refused... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 9, 2021

It is not a question of the tenant's convenience, it is a question of whether you have fully complied with the termination of tenancy requirements - written notice containing the required information, lawfully served. If so, you simply file in court to evict. If not, you start over.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My niece and her baby were removed by the sherriff from her house yesterday because of a eviction judgement by default.

She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 22, 2020

Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece... Read more »

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