Oregon Landlord Tenant Act

The Oregon Landlord Tenant Law is the second half of the legal structure under which RAP operates.  It provides protections to both the landlord and the tenants.  Unlike other states, Oregon has identified the houses (and the members in the houses) as landlords while giving individual members rights as tenants.  This means that if a member feels her/his rights as a tenant have been violated, they can sue the house and RAP.

 

The actual Landlord Tenant Act is too long to republish here.  To see the entire act go to:

 

Oregonlaws.org/ors/chapter/90

 

 For a thorough explanation of the law, go to the Oregon Bar Association site on Landlord Tenant at:

www.osbar.org/public/legalinfo/tenant.html

 

In the attached pdf (which can be downloaded and/or printed) are sections which are most used by RAP houses.  These sections deal with issues around evicting people from the houses (remember that the house is the landlord), issues around pets and how to handle abandoned property.  They include:

 

Section 90.427:  Termination of periodic tenancies

Section 90.392:  Termination of rental agreement by landlord for cause

Section 90.394:  Termination of rental agreement for failure to pay rent

Section 90.396:  Acts or omissions justifying termination 24 hours after notice

Section 90.405:  Effects of tenant keeping unpermitted pet

Section 90.425:  Disposition of personal property abandoned by tenant

Section 90.440:  Termination on tenancy in group recovery homes

 

Following is a general description of the portions of these sections which are most relevant to RAP housing.

 

Section 90.427:  Termination of periodic tenancies

 This section describes how a landlord can terminate a lease in a month-to-month rental.  Our house agreements are month-to-month agreements.  Under this section, a lease can be terminated if notice is given 30 days in advance for "no cause."  If the tenant has been resident for more than 1 year, the notice has to be 60 days in advance.

Section 90.392:  Termination of rental agreement by landlord for cause

This section describes what is called the 14/30.  It says that you can evict a tenant for a significant violation of the rental agreement, if someone violates the their duties as a tenant under ORS 90.325 or if they fail to pay rent.


To evict a tenant, the landlord (the house) must give the house member a 30 day notice.  The notice must allow for the tenant to fix the problem and the notice must state why the person is being evicted and what the fix is and give a date by which the situation must be fixed.  The date must be at least 14 days after the notice is given.  (see the 14/30 notice which can be printed at the bottom of the page.)

 

If the situation is not fixed, than the rental agreement terminates on the 30 day termination date.

 

If the behavior is repeated within 6 months, then the tenant can be asked to leave after 10 days.

 


Section 90.394:  Termination of rental agreement for failure to pay rent

 This section regulates when the landlord (the house) can evict a tenant (the house member) for non-payment of rent.  Notice must be given.  If it is given 8 days after the rent is due (including day rent is due) the member must be given 72 hours in which to pay rent; or

 

Notice can be given 5 days after the rent is due (including the day rent is due) saying that it must be paid within 144 hours. (see the non-payment form at the bottom of the page).


Section 90.396:  Acts or omissions justifying termination 24 hours after notice

A lease can be terminated on 24 hour notice under the following conditions if a tenant (house member), someone the tenant controls (like a visitor or child), or a pet threatens to seriously injure someone in the house, creates a risk of serious injury, actually injures someone or injures a neighbor.

 

A tenant (house member) can also be evicted if the landlord (house) finds out that the tenant lied on the application or lied about a criminal conviction that would have prevented the landlord (house) from allowing them into the house (for example a sex offender.)  They must be evicted within 30 days of the house finding out about the false information.

 

Finally if the tenant, someone in the tenant controls, or the tenants pet commits any act that is "outrageous in the extreme" on the premises or in the immediate vicinity of the premises.  The act defines certain acts as being "outrageous in the extreme."  They include:

            Prostitution, patronizing a prostitute or promoting prostitution;

            Manufacture, delivery or possession of a controlled substance

            Intimidation by one or more persons due to race, color, religion, sexual orientation, disability or national origin,

            Burglary, or

            Any act that is similar in degree to the actions specified above.

 

If the cause is due to a problem with a pet, the tenant can stay if the pet is removed from the premises prior to the end of the 24 hour notice.  If the tenant returns the pet to the premises at any time, a 24 hour notice can be issued.

 

Section 90.405:  Effects of tenant keeping unpermitted pet

 If a tenant, in violation of the rental agreement, keeps on the premises a pet capable of causing damage (including water damage from a fish tank), a 10 day notice may be given.

 

Section 90.425:  Disposition of personal property abandoned by tenant

This is a long section, most of which discusses what is to be done with a recreational vehicle, manufactured dwelling or floating home which may have a loan or mortgage due on it.  Consequently, most of this section does not apply to RAP housing.

 

The following does apply to RAP housing:

 

The landlord (i.e. the house) cannot keep abandoned property.  It must be "disposed of" i.e. thrown away, given to a non-profit organization or to a person not related to the landlord.

 

Property is considered abandoned if the tenant has left the house and the house believes (reasonably) that they are not coming back or has been absent for 7 days after they have been evicted with a court order.

 

Prior to disposing of the property, the landlord must give written notice to the tenant that:

            Must be personally delivered to the tenant; or

            Sent by first class mail addressed and mailed to the tenant at:

                        The premises,

                        Any post-office box held by the tenant and actually known to the landlord, and

                        The most recent forwarding address if provided by the tenant.

 

The act stipulates what the form must say.  (See the "Abandoned Property Form" which can be printed at the bottom of this page.)  The landlord (the house) must provide a specific date by which time the tenant (member) must contact the house.  It must be at least 5 days after the notice is given.  The house must also provide a telephone number for contact and set up an appointment for the property to be removed at a reasonable time.

 

If the tenant fails to contact the landlord by the specified date, or if the tenant contacts the house but fails to remove the property within 15 days, the landlord may dispose of the property.

 

The section also talks about what to do with property if a tenant dies.

 

It talks about what to do with a vehicle belonging to someone other than the tenant.

 

Section 90.440:  Termination on tenancy in group recovery homes

 This is the section that specifically deals with how to handle a relapse in a RAP house.

 

The section includes controlled substances or prescription drugs if the house member does not have a valid prescription or the member is taking the prescribed drugs differently from the prescription.

 

A group recovery home may terminate a tenancy and remove a tenant if the tenant has used or possessed alcohol or illegal drugs within the preceding 7 days.  It is sufficient proof if:

            The tenant fails a test for alcohol or illegal drug use;

            The tenant refuses a request made in good faith by the group recovery home that the tenant take a test; or

            Someone has observed the tenant using or possessing alcohol or illegal drugs.

 

To remove the tenant, the recovery home must personally deliver to the tenant a written notice that:

    • Describes why the tenant is being removed;
    • Describes the proof of possession or use;
    • Specifies date and time that the tenant must be out of the home;
    • Explains that if the removal was wrongful or in bad faith the tenant may seek injunctive relief to recovery possession and may bring and action to recovery monetary damages; and
    • Gives contact information for the local legal services office and for the Oregon State Bars Lawyer Referral Service, identifying those services as possible sources for free or reduced-cost legal services. (see information at the beginning of this section.)


Legal Aid Services:

(502) 224-4086 or 1-800-228-6958

www.oregonlawhelp.or/Program/782

 

Oregon State Bar's Lawyer Referral Service

(503) 684-3763 OR 1-800-452-7636

www.osbar.org/public/ris/ris.html

 

Within the notice period (24 hours), the home shall allow the tenant to follow any emergency departure plan that was prepared by the tenant and approved by the group.  If there is not recovery plan, then the home must offer to take the tenant to a public shelter, detox center or similar location.

 

The time for moving out must be at least 24 hours after the notice is served.  If the person remains after the time specified in the notice, they are trespassing.  However, they may only be forcefully removed by a peace officer.

 

A group home that removes a tenant under this clause must send a copy of the notice to the Oregon Health Authority no later than 72 hours after delivering the notice.

 

A tenant who is removed may obtain injunctive relief to recover possession and may recover an amount equal to the greater of actual damages or three times the tenants monthly rent if:

The group recovery home removed the tenant in bad faith or without substantially complying with this section; or

The removal was wrongful because the tenant did not use or possess alcohol or illegal drugs.

A tenant who seeks to obtain injunctive relief must do so within 90 days.

 

Notice Forms

14-30 NOTICE RAP House.pdf 41.9KB Aug 18, 2013 7:27 AM
30 Day Notice RAP House.pdf 39.4KB Aug 18, 2013 7:27 AM
72 Hour Notice RAP House.pdf 44.4KB Aug 18, 2013 7:28 AM
Abandoned Property Notice RAP House.pdf 60.8KB Aug 18, 2013 7:28 AM