Penalties for mistakes made can be expensive, we recommend you consult an attorney before you take any action against your resident(s).
HB 4401 requires Housing Providers to send the Notice of Eviction Protection and the Tenant Declaration form under certain circumstances. During the new Grace Period, if a Housing provider serves a 72- or 144-hour notice for non-payment (remember these are now 10- or 13-day notices through the end of June) for current rents due, serves any notice for termination for non-payment of rent or other charges, or sends a statement of account indicating that the resident has through March 31, 2021 to pay amounts owing that accrued during the Emergency Period that ended December 31, 2020, these forms MUST be included.
Residents must provide a signed declaration for household or tenancy declaring financial hardship, delivered to the Housing Provider in writing, email, text message or other method reasonably calculated to achieve receipt. If the declaration is provided to the Housing Provider, they are entitled to withhold payment and are not considered in default unless they fail to pay the balance by June 30, 2021.
Housing Providers are not required to send the Notice of Eviction Protection and the Tenant Declaration if they intend to allow their residents the full Grace Period through June 30, 2021.
On April 1st, the Governor issued Executive Order 20-13, enacting a moratorium on all "no-cause" and "landlord-cause" evictions and evictions for non-payment of rent. EO 20-13 is set to expire at the end of June. On Friday, June 26th, the Oregon Legislature passed HB 4213, which extends the eviction moratorium on both residential and commercial evictions through September 30th, 2020.
Warning!!! The Governor's Executive Order (20-13) issued April 1, 2020 prohibits landlords from serving a notice to terminate tenancy for nonpayment of rent or filing an eviction for nonpayment of rent. Do not serve a notice for nonpayment until the ban is lifted, doing so is a Class C misdemeanor punishable by a fine of up to $1250, 30 days in jail, or both.
We are removing both nonpayment notices from the ORHA Forms Store and will put them back up once you can use them again:
(NOT AVAILABLE FOR USE DURING COVID-19 PANDEMIC)
Form 4: 72-Hour Notice to Pay or Vacate for Non-Payment of Rent
Form 44: 144-Hour Notice to Pay or Vacate for Non-Payment of Rent
The crisis set in motion by the spread of the COVID-19 virus is causing ripple effects throughout our communities. In many cases, we will all experience a significant reduction in income due to cancelled events, closed schools and facilities as we attempt to thwart the spread.
While the government is taking various forms of action to reduce the impact on citizens and the economy in general, such as waiving the waiting week for employees to file for unemployment, tenant advocates are pleading for understanding from landlords during this uncertain time.
If you are a landlord and have renters whose livelihoods are significantly impacted, and you are financially able to defer rent and waive late fees for a period of time, we are offering a Landlord and Tenant Deferment Agreement free on the Oregon Rental Housing Association website (Forms Store): https://oregonrentalhousing.com.
Oregon landlords are advised to seek legal counsel prior to issuing either a notice of rent increase or notice of termination without cause. Please read the list of updated forms and the changes made to comply with the new law and help Oregon Landlords by clicking below.
Oregon Rental Housing Association is now offering the "Application to Rent, Form 1" free to all. You may download and print a blank form and instructions at no charge* using the buttons below.
*You can alternatively complete and purchase a printable Application to Rent, Form 1 below.