Important updates to the Oregon Eviction Moratorium and information on House Bill 4213.
On June 26th, Oregon lawmakers passed an extension to the eviction ban in a bill titled HB 4213.
Eviction moratorium - House Bill 4213: Extends the moratorium on both commercial and residential no-cause evictions through September 30, 2020 and creates a six-month repayment grace period after the moratorium ends for tenants to repay their back rent accrued during the moratorium. During the repayment period, tenants may not be evicted for failure to repay their back rent, but they must keep paying their ongoing monthly rent. Negative credit reporting for non-payment of rent during the moratorium is prohibited, as is assessing late fees or other penalties for nonpayment during the moratorium period.
Important Updates to the Oregon Eviction Moratorium:
- Landlords may not terminate or take possession of a rental unit based on a termination notice for nonpayment of rent delivered on or after April 1, 2020 through September 30, 2020.
- During the emergency period, a landlord may not deliver a termination notice without cause and may not file an action under ORS 105.110 based on a termination notice without cause.
- During the emergency period, a landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. The notice must also include a statement that eviction for nonpayment is not allowed before September 30, 2020.
- Following the emergency period, a tenant with an outstanding nonpayment balance has a six-month grace period that ends on March 31, 2021, to pay the outstanding nonpayment balance.
- Following the emergency period, a landlord may deliver a written notice to a tenant that substantially states:
(a) The date that the emergency period ended;
(b) That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy;
(c) That the nonpayment balance that accrued during the emergency period is still due and must be paid;
(d) That the tenant will not owe a late charge for the nonpayment balance;
(e) That the tenant is entitled to a six-month grace period to repay the nonpayment balance that ends on March 31, 2021;
(f) That within a specified date stated in the notice given under this subsection that is no earlier than 14 days following the delivery of the notice, the tenant must pay the nonpayment balance or notify the landlord that the tenant intends to pay the nonpayment balance by the end of the six-month grace period ending March 31, 2020.
(g) That failure of a tenant to give notice to the landlord of utilization of the grace period may result in a penalty.
(h) That rents and other charges or fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy.
- If a landlord gives a notice for non-payment, a tenant who has an outstanding nonpayment balance must notify the landlord of the tenant’s intention to use the grace period to pay the nonpayment balance. The landlord’s notice may offer an alternate voluntary payment plan for payment of the nonpayment balance, but the notice must state that the alternate payment plan is voluntary.
- During repayment period renter must pay ongoing monthly rent.
- A tenant’s failure to give the notice required, entitles the landlord to recover damages equal to 50 percent of one month’s rent following the grace period.
Foreclosure limitations - House Bill 4204: Directs lenders to defer both residential and commercial mortgage payments during the pandemic emergency period until September 30, 2020 if a borrower is unable to pay due to the COVID-19 pandemic. Deferred payments would be due at the end of the loan, unless the borrower and lenders determine alternate, agreeable terms.