SB 608 & Portland City Code 30.01.085

Oregon Landlord Attorney – (503) 343-4570

Recently, Oregon passed statewide legislation SB 608 that will have a huge impact on landlords. SB 608 imposes rent increase limitations and prohibits certain evictions of month to month tenants. It can require the payment of one month rent to a tenant who is being evicted. It also changes how and if a fixed term tenancy ends. If you are a landlord in Oregon, you need to know about the details of SB 608 to make certain you are using and protecting the full extent of your legal rights without overstepping legal boundaries.

Additionally, Portland City Code (PCC) 30.01.085 requires the payment of "Relocation Assistance" to most tenants who receive a 90 day termination notice, and allows a tenant to vacate and recover Relocation Assistance if the tenant receives a rent increase notice greater than 10%.

For help understanding SB 608 and PCC 30.01.085, you can come to Murphy Law Group P.C. We focus exclusively on Oregon landlord-tenant law and represent landlords in legal cases of all sorts. With our guidance, you can be confident in your comprehension and application of these important legal updates.

Contact our firm right away if you have any questions.

Summary of SB 608

Oregon's SB 608 addresses:

• Month-to-month tenancy terminations: During the first year of occupancy, a landlord may terminate a month-to-month tenancy for "no reason" as long as a 30-day written notice is provided. After the first year, termination of a month-to-month tenancy can only occur if certain tenancy breaches occur, such as illegal drug use or failure to pay rent. Certain landlords are also permitted to terminate a month to month tenancy with a 90-day written notice that describes different specified reasons, such as intending to demolish the dwelling unit or to provide it as a residence to an immediate family member.
• Fixed term tenancy terminations: A landlord can terminate a fixed term tenancy of less than one year without cause on its expiration date if written notice is provided at least 30 days before the term ends. A fixed term tenancy that expires after the first year of occupancy automatically becomes a month-to-month tenancy in most situations.
• Rent increase limitations: Landlords in most situations cannot increase the rent over 12 months more than 7% plus the consumer price index (CPI) in a given year. This rent cap does not apply if the landlord is renting the dwelling unit at a reduced rate due to certain government programs or if the dwelling unit was first certified for occupancy less than 15 years ago.
• You can learn more about SB 608 and how it affects rent limitations and no cause evictions by clicking here to view a full PDF file from our Portland landlord-tenant law attorney.

Summary of PCC 30.01.085

Portland's PCC 30.01.085 addresses relocation assistance for Portland tenancies, including:

• 90 day no cause termination notices: The termination of a month to month tenancy requires a 90-day notice, as well as financial "relocation assistance" to be paid to the tenant. The amount of the payment is based on the # of bedrooms. The relocation assistance ranges from $2,900 for a studio apartment to $4,500 for a three bedroom dwelling unit or larger.
• 10% rent increase termination: A tenant may terminate a rental agreement if the tenant receives a rent increase of 10% or more. This tenant is also entitled to receive relocation assistance.
• Exceptions. There are numerous terminations that are exempt from relocation assistance, including terminating tenants that occupy an Accessory dwelling unit (ADU) if the owner of the ADU lives on the site, or terminating a tenancy in order for an immediate family member to occupy the unit.
• Penalties and exemptions: A landlord that does not give relocation assistance if required can be penalized up to three months of rent to the tenant, plus relocation assistance and other damages. The tenant can also recover their attorney fees if he sues and wins.
• If a landlord is paying one month rent required by SB 608 and Relocation Assistance required by PCC 30.01.085 to the tenant for the same termination notice, the Relocation Assistance required by Section 30.01.085 may be reduced by the payment required by SB 608 if certain conditions apply.

You can learn more about PCC 30.01.085 and how it establishes relocation assistance for Portland tenants in certain situations by clicking here to view a full PDF file from our Portland landlord-tenant law attorney.