2024 had a few changes in the Oregon Landlord Tenant Law. Below is a brief summary of those changes - and some observations.
Senate Bill 599 - Effective January 1, 2024, landlords are now required to allow childcare in their rental homes. There are strict state requirements that must be met, and Alpine will ensure that anyone who wants to offer daycare will meet those requirements.
Senate Bill 1069 now allows for service of notices via email and mail. While this may seem like a quicker and easier way to serve notices, Alpine will always mail, or post/mail as required. Alpine will email notices as a courtesy, but we do not rely on this exclusive method as the only way to serve notice.
The same bill also allows for refunding of monies electronically.
For email service and refunding monies electronically, tenants must opt in and sign an addendum that contains a required disclosure after they have taken possession of the property.
EVICTIONS FOR NONPAYMENT OF RENT OBSERVATIONS
- Evictions can take longer. First appearances are to be scheduled at least 15 days after the filing fee is paid. FEDs that are not based on nonpayment are to be scheduled as early as 8 days after the filing fee is paid.
- In reality, all first appearances are set out further than 15 days. Multnomah County has set a cap of the number of first appearances they will handle each day.
Trial Dates
- Per the statute, FEDs for nonpayment, the trials are to schedule at least 15 days after the first appearance and within 30 days of the first appearance - unless there is no judge available.
- FEDs that aren't based on nonpayment may still be scheduled within 15 days of the first appearance unless there is no judge available.
- In reality? Trials are getting set 30-70 days after the first appearance date.
If a tenant remits payment or tenders rental assistance before the court date or trial date, the judge must dismiss the FED case. Tenant need only to pay the amount demanded in the nonpayment notice, not the entire balance owed.
For example, we file an FED for nonpayment of September rent. The first appearance may be toward the end of September. If the tenant, or landlord, request a trial, it can be scheduled anytime from end of October to December. Meanwhile, additional months rents are not being paid and accruing. We cannot file in the court a subsequent FED for nonpayment as it invalidates the current case.
Consequences? Owners are having to wait longer to get paid - if at all - or possession of their property. If tenant is able to garner assistance, owner is having to wait longer for payment.
MAX RENT INCREASE FOR 2025 - the allowable rent increase in 2025 is 10% unless exempt. Only one rent increase may be issued in any 12-month period.
Additional restrictions for rental properties in Portland and Eugene.
Smoke Detectors in Sec 8 Properties - HUD now requires that all smoke detectors be hard-wired or a detector that has a 10-year lithium battery. Battery only detectors will no longer be allowed. Smoke detectors must be placed in every bedroom and living area regardless of the local ordinances.
2025 legislative session in Oregon is a "long session". Alpine will keep you updated of any changes in the coming year.