Introduction
The information in this document describes the Tenant's rights and obligations related to the Eugene Code
Section 8.425(17) Relocation Assistance. Landlords must include this document when a Termination Notice
for one of the following is issued to a Tenant: 1) a No-cause Termination in the First-Year of Tenancy or for a
Qualifying Landlord Reason for termination; 2) declining to renew a Fixed-Term Rental Agreement within the
First-Year of Tenancy; or 3) a Rent increase at or above the maximum allowed by state law. This document is
not a substitute for, nor is it intended to address, any additional legal requirements of the Eugene Code or
state law.
Eugene Code Section 8.425(17) requires Landlords to pay Tenant Relocation Assistance if the Landlord
initiates any of the triggering events as described below in section A. An illustration of the Notice and
payment timeline is on page 5.
A. Relocation Assistance Triggering Events & Process Steps
1) No-Cause Terminations or Qualifying Landlord Reason for termination(EC 8.425 (17)(a)). If the landlord is
terminating a Rental Agreement Without Cause in the First-Year of Tenancy or for a Qualifying
Landlord Reason as provided in ORS 90.427 (listed below in section F. "State law"), the Landlord is
required to provide a Written Notice of Termination to the Tenant at least 90 days before the Move-
out Date designated in the Termination Notice. The Notice must specify the amount of Relocation
Assistance for which the Tenant is eligible and include a description of the Tenant's Rights and
Obligations for Relocation Assistance (this document). The landlord must pay the Tenant Relocation
Assistance at least 45 days before the Move-out Date.
2) Landlord declines to renew a Fixed-Term Rental Agreement(EC 8.425 (17)(b)). A Fixed-Term Rental
Agreement is one that has a specified End Date. If a Fixed-Term Rental Agreement ends within the
Tenant's First-Year of Occupancy, at least 90 days before the End Date of the Fixed-Term Rental
Agreement, the Landlord must provide the Tenant with a written statement informing the Tenant
that the Fixed-Term Rental Agreement is ending and that to be eligible for Relocation Assistance, the
Tenant must provide the Landlord with a Written Notice at least 60 days prior to the specified
Ending Date that the Tenant would like to renew the Fixed-Term Rental Agreement. If the Tenant
wishes to renew and provides the Landlord with Written Notice at least 60 days prior to the
specified Ending Date of the Fixed-Term Rental Agreement, the Tenant is eligible for Relocation
Assistance. Within 30 days of the Tenant's Written Notice to the Landlord requesting to renew the
Fixed-Term Rental Agreement, the Landlord must either:
a) Provide the Tenant Written Notice that the Landlord declines to renew the Fixed-Term Rental
Agreement on substantially the same terms and pay the Tenant Relocation Assistance.
(Examples of substantial changes to a Rental Agreement as defined in Eugene Code Section
8.415: tenant responsibility for payment of utilities previously included in the monthly rent,
tenant responsibility for payment of a parking spot previously included in the monthly rent,
landlord no longer allowing pets, removal of furnishings from a furnished unit.); or
b) Provide the tenant written notice that the landlord agrees to renew the fixed term rental
agreement on substantially the same terms and a copy of the rental agreement renewal for
tenant signature.
3) Rent Increases(EC 8.425 (17)(c)). If the landlord raises the rent
at or above* the maximum allowed by State law (up to 7% plus inflation or 10%, whichever is less),
the landlord must provide a written notice to the tenant at least 90 days before the rent increase
effective date. The rent increase notice must specify: 1) the amount of the new rent;
2) the dollar amount by which the rent will increase;
3) the percentage of the rent increase;
4) the date the rent increase will take effect; and
5) the amount of city relocation assistance for which the tenant is eligible. The tenant has the right to request relocation assistance from the landlord if the rent increase is at or above the maximum allowed by state law (listed below in section F. "State law"). The tenant must request relocation assistance from the landlord, in writing, within 30 days of the date of the rent increase notice. If the tenant provides the landlord with a written request for relocation assistance, the landlord must pay the tenant relocation assistance at least 45 days prior to the rent increase effective date. A tenant who receives relocation assistance for a rent increase, within 45 days of the receipt of relocation assistance, must either:
a) Provide the landlord with written notice of termination of the rental agreement and move out; or
b) Repay the relocation assistance to the landlord and remain in the rental unit and pay the new rent amount as provided in the rent increase notice.
B. Relocation Assistance Payment
1) The city relocation assistance payment amount is equal to two months' current rent.
2) If relocation assistance payments are required by both state law and city code, the landlord may deduct the amount paid to the tenant for the state relocation assistance (one month's current rent) from the city relocation assistance amount (two months' current rent) (EC 8.425 (17)(h)). The landlord has two options for paying the tenant relocation assistance:
a) The landlord can pay the state and city relocation assistance in one payment the same day they deliver the termination notice to the tenant; or
b) The landlord can make two separate payments: 1) state relocation assistance on the same day they deliver the termination notice as required by state law; and 2) city relocation assistance at least 45 days before the move-out date designated in the termination notice.
A tenant who remains in the unit after the termination date in the notice without the landlord's permission must immediately repay the relocation assistance to the landlord.
* The State maximum annual rent increase percentage is 7% plus inflation or 10%, whichever is lower. Units built within 15 years of the
date of the rent increase notice are not subject to the State maximum annual rent increase percentage. For more information see ORS 90.323 and 90.324.
C. Relocations Assistance is Limited
A tenant may only receive relocation assistance once per tenancy. If a tenant receives relocation
assistance and returns the payment to the landlord, the payment does not count toward the once per
tenancy limit (EC 8.425 (17)(d)).
D. Relocation Assistance Exemptions
A landlord may be exempt from paying relocation assistance. If a landlord is exempt, it means the landlord is not required to pay a tenant the city relocation
assistance.* To qualify for an exemption from relocation assistance, the unit must be eligible for an exemption and the landlord must complete the exemption noticing requirements provided by the Eugene City Code. There are eleven exemptions for relocation assistance.
1) Week-to-week tenancies.
2) Landlord and tenant occupy the same dwelling.
3) Landlord and tenant occupy the same Middle Housing parcel (for example a duplex triplex, quadplex, townhouse, or a cottage).
4) Landlord that rents a dwelling unit on a property with an accessory dwelling unit (sometimes referred to as an ADU, mother-in-law unit, granny flat, or backyard cottage/bungalow) and lives on site.
5) Landlord that temporarily rents out their Principal Residence for not more than 3 years.
6) Landlord that temporarily rents out their Principal Residence due to active military service.
7) A unit of Affordable Housing defined as "Housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more than 80 percent of the median household income for the city of Eugene, for a period of at least 20 years; or housing for low-income persons that is eligible for an exemption from systems development changes pursuant to section EC 7.725(2)."
8) A dwelling unit impacted by the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
9) A dwelling unit rendered immediately uninhabitable.
10) A dwelling unit rented for less than 6 months with demolition permit submitted prior to signing the rental housing agreement.
11) Fixed term tenancy where the tenant was notified in advance of the landlord's intent to sell or permanently convert the unit.
Visit eugene-or.gov/rentalhousing for more details and city required relocation assistance exemption notification forms.
E. File a complaint.
To file a complaint related to the Rental Housing Program, email rentalhousing@eugene-or.gov, call 541-682-8282, or visit eugene-or.gov/rentalhousing.
F. State Law
State law provides rights and obligations of landlords & tenants related to terminating tenancy and rent increases.
* City relocation assistance exemptions do not apply to State relocation assistance.
1) Termination of tenancy without tenant cause. ORS 90.427 says a tenancy cannot be terminated without cause after a tenant has lived in a dwelling for more than one year, unless the landlord has a qualifying reason for termination:
a) If the landlord intends to demolish the unit or convert it to a non-residential use.
b) If the landlord intends to make repairs or renovate the unit in ways that will make it unsafe to live in during construction.
c) If the landlord or an immediate member of their family intends to move in, and the landlord does not have any comparable units available in the same property.
d) If the landlord has accepted an offer to purchase the unit from someone who intends to occupy the unit as their primary residence.
If the landlord terminates a tenancy because of one of the reasons above 1)a) through d), the landlord must give the tenant a 90-day notice and may be required to pay the tenant one month's rent for State relocation assistance. If the landlord lives on the property and the property has only 2 units, the landlord terminate tenancy without cause no matter how long the tenant has lived there. (For example, a duplex or a house with an accessory dwelling unit (ADU) where the landlord lives in in one of the units on the same property.) See Oregon Revised Statutes for more information: https://oregon.public.law/statutes/ors_90.427
.
2) Maximum Rent Increase. ORS 90.323 says the maximum rent increase allowed during any 12-month period must not be greater than 7% plus the consumer price index (CPI), or 10%, whichever is less. There are two exceptions to the maximum allowable rent increase. The rent increase limit does not apply to:
a) rentals for which the first certificate of occupancy was issued within 15 years from the date of the rent increase notice; or
b) rentals that are regulated or certified as affordable housing by a federal, state or local government and where the rent adjustment either does not increase the tenant's portion of the rent; or is required by program eligibility requirements or by a change in the tenant's income.
This document is not intended to meet any state requirements related to Residential Landlord-Tenant law or other City code requirements. See Chapter 90 of the Oregon Revised Statutes – Residential & Tenant Law, for additional regulations that apply to service or delivery of notices and other regulations that may apply. If you need legal guidance, or are considering taking legal action, you may wish to contact an attorney.
