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.