Pause on evictions extended through September

Coronavirus

Renters to also be given 6-month grace period

PORTLAND, Ore. (KOIN) — Governor Kate Brown has signed off on the extension to the eviction ban currently in effect throughout the state. 

House Bill 4213, which was passed during last week’s special session, extends Oregon’s eviction moratorium on both commercial and residential no-cause evictions through September 30, 2020. The adjustment also calls for the implementation of a six-month repayment grace period after the moratorium ends. During the grace period tenants will be given the opportunity to repay their back rent accrued during the moratorium.

During the repayment period, tenants may not be evicted for failure to repay their back rent, according to state officials. However, tenants will be required to keep paying their ongoing monthly rent.

Negative credit reporting for non-payment of rent during the moratorium is prohibited, as is assessing late fees or other penalties for nonpayment during the moratorium period.

Recent updates to the moratorium include:

  • Landlords may not terminate or take possession of a rental unit based on a termination notice for nonpayment of rent delivered on or after April 1, 2020 through September 30, 2020.
  • During the emergency period, a landlord may not deliver a termination notice without cause and may not file an action under ORS 105.110 based on a termination notice without cause.
  • During the emergency period, a landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. The notice must also include a statement that eviction for nonpayment is not allowed before September 30, 2020.
  • Following the emergency period, a tenant with an outstanding nonpayment balance has a six-month grace period that ends on March 31, 2021, to pay the outstanding nonpayment balance.
  • Following the emergency period, a landlord may deliver a written notice to a tenant that substantially states:

(a) The date that the emergency period ended;

(b) That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy;

(c) That the nonpayment balance that accrued during the emergency period is still due and must be paid;

(d) That the tenant will not owe a late charge for the nonpayment balance;

(e) That the tenant is entitled to a six-month grace period to repay the nonpayment balance that ends on March 31, 2021;

(f) That within a specified date stated in the notice given under this subsection that is no earlier than 14 days following the delivery of the notice, the tenant must pay the nonpayment balance or notify the landlord that the tenant intends to pay the nonpayment balance by the end of the six-month grace period ending March 31, 2020.

(g) That failure of a tenant to give notice to the landlord of utilization of the grace period may result in a penalty.

(h) That rents and other charges or fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy.

  • If a landlord gives a notice for non-payment, a tenant who has an outstanding nonpayment balance must notify the landlord of the tenant’s intention to use the grace period to pay the nonpayment balance. The landlord’s notice may offer an alternate voluntary payment plan for payment of the nonpayment balance, but the notice must state that the alternate payment plan is voluntary.
  • During repayment period renter must pay ongoing monthly rent.
  • A tenant’s failure to give the notice required, entitles the landlord to recover damages equal to 50 percent of one month’s rent following the grace period.

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