No more no-cause (almost) terminations
Oregon’s tenant-friendly residential leasing laws just got even more favorable for tenants. I’ve heard debate on both sides on whether the new laws are a good or bad change and for whom, but as I like to say: I don’t make the laws, I just argue about them.
The passage of Oregon Senate Bill 608 made some major changes when it comes to terminating month-to-month tenancies entered into or renewed after March 30, 2019, and fixed term tenancies entered into or renewed after February 20, 2019. Until recently, landlords could terminate a tenancy after the first year for no cause with a 60 day notice. Now, those terminations are prohibited and punishable with three months’ rent, actual damages sustained by the tenant, possible attorney fees and legal costs, and can be used as a defense against an eviction action.
There are a number of exceptions that apply to the terminations such as the landlord undertaking repairs or renovations, demolishing the unit, selling the unit, or moving a member of the landlord’s family in. There are also exceptions for repeated violations of the rental agreement by tenant and for rentals of duplexes. These exceptions have specific requirements and procedures that also need to be followed.
Whether you’re a tenant wondering what your rights are or a landlord looking to comply with the law these changes affect both parties. Garcia Law, LLC, can help you navigate these changes and represent your interest regarding your residential tenancy.
People sometimes think going to court is only worth it if you have money to pay an attorney or have a high-value case. For example, someone might be involved in a minor car collision and, fortunately, did not have serious medical expenses but are still seeking compensation. Or, someone has an agreement with another who is violating or breaching that agreement. If the amounts of money owed are less than $10,000 then some people might think it is not worth the time and expense to recover what they deserve.
This is not true. Fortunately, Oregon laws ORS 20.080 and ORS 20.082 allow individuals who make certain claims for $10,000 or less and are the prevailing party to be awarded attorneys fees. In sum, even if your claim is for less than $10,000 and you are a prevailing party, not only do you win but the opposing party could pay your reasonable attorney's fees. This law allows an individual with a claim that is not hundreds of thousands of dollars, but still valuable to the individual, to have their day in court. Garcia Law handles 20.080 and 20.082 cases and has the knowledge and experience to fight for your interests. Contact Garcia Law today to schedule an appointment and learn more.