Ask the attorney is a new feature we are starting with attorney Bradley S. Kraus and this week the question is about notice to vacate rules. If you have a question for him, please feel out the form below.
Ask Attorney Brad:
Brad, why can’t Yvonne in the previous example about the unauthorized chickens just refuse to renew her tenants’ month-to-month and just say she is not going to renew the lease, and give them a 30-day notice to vacate?
The first line of Yvonne’s question stated that she has month-to-month tenants who have been living in the property for two years.
That (likely) means their tenancy is after the “first year of occupancy,” requiring either (a) cause or (b) a qualifying landlord exemption under ORS 90.427 to terminate the tenancy.
Prior to Senate Bill 608, a landlord could serve 60-day no-cause notices. The passage of that law dramatically curtailed the no-cause rights of Oregon landlords.
It’s important to note a couple things as well: (a) current eviction moratoria must be analyzed, so these answers are not to be taken in a vacuum, and (b) local jurisdictional rules may apply to your particular situation.
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.
Ask Attorney BradPlease enter your rental housing management question below for Ask Attorney Brad Kraus. Unfortunately he cannot answer questions from tenants.