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Multnomah County/City of Portland Eviction Moratorium FAQ

Moratorium on residential evictions in Multnomah County and City of Portland on the basis of nonpayment of rent or terminations without tenant cause in addition to the statewide eviction moratorium. View Frequently Asked Questions on this page.

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IMPORTANT:

Multnomah County has rescinded Ordinance 1287 effective February 1, 2021.

Please refer to the Oregon Eviction Moratorium FAQ for the most up to date information regarding COVID-19 renter protections.

Oregon FAQ


What is the Multnomah County Ordinance 1287?

Multnomah County Ordinance 1287 was adopted on September 24, 2020 to protect Multnomah County tenants. Additional protections are provided under Oregon’s House Bills 4213 and 4401.

Oregon Eviction Moratorium FAQ


What is City of Portland Ordinance 190156?

The City of Portland adopted Ordinance 190156 to expand Multnomah County’s eviction moratorium to all areas of the city, including those in the legal boundaries of Portland but outside of Multnomah County.


How is this moratorium different than the statewide moratorium?

The county and state eviction moratoriums have some similarities and differences.  They have different expiration dates and different timelines for repayment, so it is important to understand which protections you are covered by and which moratorium nonpayment balances have accrued.

For Multnomah County tenants that accrued rent owed prior to October 1, 2020: House Bills 4213 and 4401 prohibited landlords from terminating rental agreements for nonpayment of rent and most terminations without a tenant-based cause from April 1 through December 31, 2020.  It allows tenants to pay their outstanding balances accrued during this period within a six-month repayment grace period ending March 31, 2021. House Bill 4401 also extends the repayment period for rent accrued prior to October 1, 2020 until July 1, 2021 if the tenant submits a written declaration of financial hardship to their landlord.

For Multnomah County tenants that accrued rent owed on or after October 1, 2020: Ordinance 1287 prohibits landlords from terminating rental agreement for nonpayment of rent and most terminations without a tenant-based cause from October 1 2020 through July 2, 2021. The Ordinance provides tenants living in Multnomah County and City of Portland with six additional months from July 2, 2021 to pay any non-payment balance accrued between October 1, 2020 and July 2, 2021.


How long is the moratorium in place?

For Multnomah County residents, this moratorium is in place until July 2, 2021 unless otherwise extended.


What circumstances qualify for deferral under the county moratorium?

All residential rental properties within Multnomah County are subject to the moratorium.  Any accrued rent, utility charge, service charge or other charge or fee that becomes due between October 1, 2020 and July 2, 2021 can be deferred under this Ordinance.

For nonpayment balances accrued prior to October 1, 2020, please refer to the state-wide moratorium FAQ.


What type of documentation is needed from a tenant to claim rent deferral or be protected by the moratorium?

There is no requirement of documentation from a tenant in order for the moratorium to apply under the County Ordinance.

Under House Bill 4401, a tenant must provide a written declaration of financial hardship to extend the repayment period from March 31, 2021 until July 2, 2021 for rent accrued from April 1 through October 1, 2020. In addition, a tenant’s written declaration allows a landlord to apply to the state’s Landlord Compensation Fund. If the Compensation Fund pays a landlord for uncollected deferred rent, it relieves a tenant of the obligation to pay back the deferred rent.

The written declaration must be in a specific format and contain specific information. The declaration can be found at www.courts.oregon.gov. The written declaration must be provided to the tenant’s landlord in a reasonable manner such as first-class mail or sending a copy or photograph of the declaration via text message or email.

It is advisable for tenants in Multnomah County to submit the written declaration of financial hardship to avail themselves of all possible protections related to all moratoria.


Is rent forgiven during this time?

Nothing within Multnomah County Ordinance 1287 relieves a tenant for liability for unpaid rent. However, a landlord is not permitted to seek an eviction for non-payment of rent during the emergency periods.


Are utilities included in this deferral?

If the tenant pays any other fees, service or utility charges directly to the landlord (not directly to a third-party provider), those fees and charges qualify for deferral under this moratorium.  The process for deferral and timelines for payment are the same as rent.

If a tenant pays fees, service or utility charges directly to a third-party provider and cannot make these payments due to a substantial loss of income related to COVID-19, we encourage the tenant to reach out directly to those service providers to discuss options.  Please see additional information below.


When does a tenant need to pay the past due rent or other charges?

Tenants must pay any outstanding balance accrued between October 1, 2020 and July 2, 2021 within six months of July 2, 2021.

Any outstanding balances accrued prior to October 1, 2020 may be protected under the statewide moratorium and the date that the past due rent must be paid is outlined in the state-wide moratorium FAQ.


Are tenants required to sign a repayment plan or promissory note?

A landlord may offer a voluntary payment plan for the outstanding balance, but the notice must state that the payment plan is voluntary. A tenant is under no obligation to enter into such an agreement.


As a landlord, don’t I waive my rights to terminate if I accept partial rent payments?

Many landlords worry about the legal implications of accepting partial rent payments under normal circumstances. The waiver provisions outlined in ORS 90.412 do not apply to a landlord that accepts a partial rent payment during this emergency period.


What about evictions for causes other than non-payment of rent?

The moratorium applies to terminations related to non-payment of rent or most terminations without cause under ORS 90.427. It does not apply to evictions for any other lawful purpose.

For more details about terminations without a tenant-based cause, see the next question.


What about no-cause terminations or terminating with a qualifying landlord reason?

Multnomah County Ordinance 1287 prohibits landlords from issuing a termination notice without cause during the emergency period.  This is defined as any noticed delivered by a landlord under ORS 90.427 (3)(b), (4)(b) or (c), (5)(a) to (c), or (8)(a)(B) or (b)(B).


What if a landlord doesn’t comply?

If a landlord violates this Ordinance, a tenant may obtain injunctive relief to recover possession or address any other violation of this section and may recover from the landlord an amount up to three months’ periodic rent plus any actual damages.