Ask Attorney Brad: Can My Brother Move into His Own Rental and Remove Long-Term Tenant?

Ask Attorney Brad: Can My Brother Move into His Own Rental and Remove Long-Term Tenant?

Ask attorney Brad is a new feature with attorney Bradley S. Kraus and this week the question is about removing a long-term tenant and moving into your own rental with all the Covid-19 rules. If you have a question for Brad, please feel out the form below.

Ask Attorney Brad:

My brother owns a house in Washington County, Oregon. He’s come down with Stage 4 cancer and would like to move into his home and have a caretaker take care of him since it’s a two-bedroom and he presently lives in a studio. Can he give the present long-term tenant a 90-day notice to move?

–Judy

Hello Judy,

First off, I’m sorry to hear about your brother. Watching loved ones deal with such an illness can be difficult, but as I’m sure you know, being there for him at this time can make a world of difference. Stay strong, as hard as that can be.

With regard to your brother’s rental property, he may be able to utilize the Qualifying Landlord Exemption related to the landlord moving in to the property as his primary residence. Nothing in HB 4401 prohibits such a notice from being served at this time.

Service of such a notice can be very technical, and a misstep can create issues. Accordingly, please ensure that your brother works with the attorney of his choice on such a notice.

Thanks,

Brad Kraus

Ask Attorney Brad: Can My Brother Move into His Own Rental and Remove Long-Term Tenant?
Bradley Kraus, Portland attorney

Brad Kraus is a partner at Warren Allen LLP. His primary practice area is landlord/tenant law, but he also assists clients with various litigation matters, probate matters, real estate disputes, and family-law matters. A native of New Ulm, Minnesota, he continues to root for Minnesota sports teams in his free time.

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