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What is the new eviction law in Oregon?

Published in Oregon Eviction Laws 3 mins read

Oregon's eviction laws saw significant changes taking effect on March 29, 2023, primarily enhancing protections for renters facing eviction due to nonpayment of rent. These updates aim to provide tenants with more time and opportunities to resolve rent issues before losing their housing.

Key Changes to Oregon Eviction Laws in 2023

The updated legislation introduces two pivotal modifications to the eviction process concerning rent nonpayment:

  • Extended Notice Period for Nonpayment: Landlords are now required to provide tenants with a minimum of 10 days' notice to pay overdue rent before they can proceed with an eviction filing. Previously, the notice period could be shorter, depending on the lease agreement or specific circumstances. This extended period grants tenants more time to gather funds, apply for assistance, or communicate with their landlord.

  • Right to Pay Overdue Rent Post-Filing: A crucial change allows renters the option to pay their overdue rent, including any associated fees, even after an eviction case has been formally started in court. This provision offers a "right to cure" the default, potentially stopping the eviction process and allowing the tenant to remain in their home, provided they pay the full amount owed within the specified timeframe. This prevents immediate displacement once court proceedings begin.

Impact on Landlords and Tenants

These legal updates have a direct impact on both property owners and renters across Oregon:

  • For Landlords: Landlords must adjust their eviction notice forms and procedures to comply with the new 10-day notice period. They also need to be aware that tenants may cure nonpayment even after an eviction case is initiated, which can affect the timeline and outcome of the legal process. Efficient communication and clear record-keeping become even more vital.

  • For Tenants: These changes provide tenants with more robust protections and opportunities to avoid eviction. It is crucial for tenants to understand their rights, respond promptly to notices, and explore options for rent payment, including rental assistance programs, if they fall behind.

Practical Implications

Understanding these changes is essential for navigating landlord-tenant relationships in Oregon:

  • Communication is Key: Tenants should communicate with their landlords as soon as they anticipate difficulty paying rent. Landlords, in turn, should clearly inform tenants of their obligations and the new notice periods.
  • Documentation: Both parties should keep detailed records of all payments, notices, and communications related to rent and tenancy.
  • Legal Guidance: For specific situations or complex cases, consulting with a legal professional specializing in landlord-tenant law is advisable. Resources such as the Oregon State Bar and local legal aid organizations can provide valuable information and assistance.

These changes reflect an ongoing effort to balance the rights and responsibilities of both landlords and tenants within Oregon's housing market, emphasizing opportunities for tenants to retain their housing.