QUALIFYING LANDLORD REASON (QLR) FOR TERMINATION

The State of Oregon’s House Bill 4401 does not include a COVID-19 Moratorium on evictions for a residential tenant if one of the QLR’s apply.    ORS 90.427 states in part, ORS 90.427(5),

“The landlord may terminate a month-to-month tenancy under subsection (3)(c)(B) of this section at any time, or may terminate a fixed term tenancy upon the expiration of the fixed term under subsection (4)(c) of this section, by giving the tenant notice in writing not less than 90 days prior to the date designated in the notice for the termination of the month-to-month tenancy or the specified ending date for the fixed term, whichever is later, if:

            (These below are the Qualifying Landlord Reasons, and you only need one).

(a)The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time;

(b)The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and:

(A)The premises is unsafe or unfit for occupancy; or

(B)The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations;

(c)The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or

(d)The landlord has:

(A)Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and

(B)Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

(6)(a) A landlord that terminates a tenancy under subsection (5) of this section shall:

(A)Specify in the termination notice the reason for the termination and supporting facts;

(B)State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and

(C)At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent.

(b)The requirements of paragraph (a)(C) of this subsection do not apply to a landlord who has an ownership interest in four or fewer residential dwelling units subject to this chapter.  

This information is provided by Deborah K. Vincent, Attorney at Law.
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