The Oregon legislature recently passed, and Governor Kotek promptly signed, a law that makes significant changes to the requirements and procedures for evictions for non-payment of rent. HB 2001, which went into immediate effect when signed on March 29, 2023 does a lot of things, but for landlords needing to terminate for non-payment, here is a summary of the crucial changes to state law:
- Depending on when served, non-payment notices must allow 10 or 13 days for the tenant to pay the balance owed (no more 72-hour or 144-hour notices);
- Non-payment notices and eviction summonses must include a new notice of tenant rights, available at https://www.courts.oregon.gov/forms/Documents/FED-Notice-2023-03-24.pdf;
- Landlords must reasonably cooperate with a tenant’s rental assistance application;
- Tenants may redeem by paying the full rent due any time until and including at trial (or having rental assistance pay the full rent due);
- Landlords must file written testimony with specific facts in order to obtain a default judgment if the tenant fails to appear in court; and
- Court schedules for first appearance hearings and trials are extended.
The bottom line for landlords is that non-payment evictions now have even more hoops to jump through, will take longer to process, and may be cured by the tenant (or the tenant’s rental assistance program) at trial.
Given these new additions to Oregon’s already complex residential leasing laws, Landlords who may need to terminate a lease for non-payment should consult with a qualified and experienced landlord-side attorney before taking any concrete steps. Even minor errors in a termination notice can result in the entire case being dismissed and the landlord having to pay the tenant’s attorney fees. Hiring an attorney at the outset to prepare a proper notice and, if necessary, present the case at trial, can mitigate these risks.
Please use our online scheduling tool or call us at (503) 206-6401 to book a consultation with one of our experienced landlord-side attorneys.