Ask Attorney Brad: Why Can’t A Landlord Give a 30-Day Notice to Vacate?

Ask Attorney Brad: Why Can’t A Landlord Give a 30-Day Notice to Vacate?

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?

-Don

Dear Don,

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.

Sincerely,

Brad Kraus

Ask Attorney Brad: Why Can’t A Landlord Give a 30-Day Notice to Vacate?
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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