We continue our series on the new Tenant Protection Act. This is part two.
Featuring:
Bob Nelson, Eugene real estate investment broker
Marcia Edwards, Eugene residential real estate broker
Marcia Edwards: This is one of those topics I just need to wind them up and let them go. So let me just get my words in now so Bob can tell you some more details about the Senate bill 608, which is regarding landlord tenant rights and relationships. We were talking last program about the previous set platform for termination for no cause termination being a 30 day notice if you occupied the property less than a year. After a year as a tenant, you could vacate within 60 day notice they could give you a notice to vacate. Is that correct, Bob?
Bob Nelson: That would be correct if it was a month to month rental agreement. Obviously if it was a one year lease or a lease for a specific period of time, you would be dealing with that term. But on a month to month, which is the vast majority of all apartment complex rental agreements in the state of Oregon, you would be allowed… and this is prior to this act, you would have been allowed to give a 30 day notice for a person who had been there for one year or less. But if they’d been there longer than a year, it was a 60 day notice and they would of course then vacate.
Marcia Edwards: But those days are gone and now we’ve got a much more cumbersome process. So landlords tune up here. It’s important to understand.
Bob Nelson: And it is kind of a tough situation. Several things have happened. In the first year if there was to be a no cause that’s a 90 day advance notice, you also give the person a one month rent. The money handed to them at the time that you hand them the notice and go from there.
Now from a landlord standpoint, if you were to attempt to arm yourself with information in case there was a legal challenge, each time a tenant violated the nature of the lease, you must give them a written notice of violation. They’ve got a brief period of time to correct that defect. If they do, that’s fine. If there are three notices given in the one year period of time, then the no cause is accepted. An acceptable procedure.
Marcia Edwards: So you give warning of the cause, the reason you’re going to do it, but then you call it a no cause in the end.
Bob Nelson: Yep, exactly. And other than that, it becomes a for cause eviction, which is much more spendy.
Marcia Edwards: More on the fun of landlord, tenant relationships next program.
Join Eugene, Oregon, real estate experts: Bob Nelson, Real Estate Investment Broker with Pacwest Real Estate Investments, and Marcia Edwards, Residential Real Estate Broker with Windermere Real Estate, daily at 5:30 on KPNW for the “Real Estate Today” radio show.
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