Ask attorney Brad is a feature with attorney Bradley S. Kraus and this week the question is about tenant notification in Oregon. If you have a question for Brad, please feel out the form below.
Ask Attorney Brad:
I own a condo in Clackamas County, Oregon, which is currently renter-occupied. I would like to sell the property and am having a hard time determining what I am required to do regarding notifying the tenant and showing the property while the tenant is still living in the home. Help? Thank you, Lee
Thank you for your inquiry. In terms of entries and showing, your rights (along with the tenant’s) are governed and discussed in ORS 90.322.
In terms of tenant notification, that Oregon statute requires 24 hours’ actual notice prior to entry. Keep in mind that the tenant does have the right to deny entry, but cannot unreasonably withhold access. That is an amorphous standard, and when it comes to frequent entries, tenants can become frustrated by the multiple entries and notices.
When it comes to showings related to a sale, it may be best to work out an agreement with the tenant related to entry for showings that can be done without advanced notice. That process is also discussed in ORS 90.322, and states as follows:
(d) A landlord and tenant may agree that the landlord or the landlord’s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:
- Is executed at a time when the landlord is actively engaged in attempts to sell the premises;
- Is reflected in a writing separate from the rental agreement and signed by both parties; and
- Is supported by separate consideration recited in the agreement.
You can have those discussions with your tenant to see if they’d be amenable to entering into such an agreement.
You should speak with the attorney of your choice to assist you with the next steps, assuming your tenant is open to such an arrangement. If not, proper notice, complying with all the requirements in the ORLTA, will be important.
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. You can reach him via email firstname.lastname@example.org or 503-255-8795.
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