IMPORTANT NOTICE ––– OFFICE CLOSURE 

The ORHA Office is Currently Closed from 03/22/2024 until 03/31/2024 – We will return to normal business hours on 04/01/2024. Please continue sending emails/submitting support tickets and we will do our best to respond to these when we return to normal business hours on the 1st.

If you need assistance while our office is closed, please contact your Local Association directly. If you do not know the contact information for your Local Association, it can be located at https://OregonRentalHousing.com/about.

Thank you very much, your patience is greatly appreciated. 
– ORHA Office

ORHA News

  • Monday, December 12, 2022 2:49 PM | Anonymous

    By: Tia Politi
    Date: December 1, 2022

    Well, the elections didn’t go the way we had hoped, but the good news is that there is no longer a super majority in Salem. The not so good news is that we will have to fight harder for property owners’ rights in our upcoming long legislative session. As we move through the 2023 session, we need you to stay alert and respond to calls to action by our Legislative Directors. We may even need you to descend on Salem to let your voices be heard!

    Planning for elections for the 2023-25 Executive Committee is ramping up, and we were pleased to have At-Large Executive Committee member, Jill Maricich, heading up the search! Chapters will be hearing from her soon with requests for nominations.

    Related to elections, at our September board meeting, the board voted to revise our “regions” within ORHA. Klamath Falls VP Jason Brush prepared four different options and the board chose to take our regions from five to four. Regions were created previously to ensure that all area of our state have representation on the Executive Committee (EC). Our new regions are as follows: NW Region – encompassing Clatsop County ROA, Salem RHA and Linn-Benton RHA; NE Region – encompassing Mid-Columbia RHA, ROA of Northeastern Oregon, Umatilla ROA, and Treasure Valley Rental Association; Metro Region – encompassing Portland Area ROA, Central Oregon ROA and Lane ROA; and Southern Region – encompassing ROA of Douglas County, ROA of Southwestern Oregon, Southern Oregon ROA, and Klamath ROA. After our Executive Committee elections, should a region not have a representative on that committee, the board will hold a separate election for At-Large EC members to fill any unrepresented region.

    The board continues to work on refining our processes and procedures using Microsoft Teams, and to enhance our approvals process for invoices. Read Office Manager Ben Seamans’ update in his Office Report later in the newsletter. Our November and January board meetings are held virtually since the pandemic, and Teams lets us meet and record our meetings for future review.

    The Education Committee is also using Teams to teach webinars for the chapters in our Mentorship Program, and at a far lower cost than Webinar Jam. We are always looking for ways to create efficiencies and save money to put our resources to their best possible use.

    Thank you for your support and continued involvement with ORHA and your local chapters. Despite the many challenges we face, rental property ownership is still a tried-and-true way to build financial stability and generational wealth. I’m proud to be part of a far-reaching organization that supports our neighbors’ efforts to better themselves, and you should be too!

    Happy Holidays!

    Tia Politi, ORHA President

  • Monday, December 12, 2022 2:40 PM | Anonymous

    By: Benjamyn Seamans
    Date: December 1, 2022

    During our September board meeting, we received a majority vote to implement an assigned ORHA email address to each local association. This will be a project allowing for local associations to submit their monthly membership reports digitally online, as well as being able to teach classes virtually using Microsoft Teams. Each member with access to the assigned email address will need to sign the ORHA Microsoft Email User Policy mentioned later in this article and will be required to attend an ORHA training. Training workshops have been scheduled for Wednesday 12/21/2022 from 11:00a-12:00p, Tuesday 12/27/2022 from 12:00p-1:00p, or Thursday 12/29/2022 from 1:00p-2:00p -- LOCAL ASSOCIATIONS, please encourage your office staff to join one of these workshops. A flyer with more details will be emailed to the delegates and offices no later than 12/20/2022.

    With our new professional emails in place, ORHA has drafted a Microsoft Email User Policy that was presented during the July meeting in Silverton. This policy will be executed by all ORHA email users and will help ORHA maintain quality of control, emphasizing an importance on cyber security, and association cyber safety – email Office@OregonRentalHousing.com to receive a copy of this user policy. Moving forward, please be sure to email by position (i.e. President, Vice President or Secretary) or topic (i.e. Forms, Technology, or Social Media) – not by person.

    Please be vigilant of email scams and always double check that the email address ends in @OregonRentalHousing.com. Remember, email display names can be masked and it’s extremely important that you click on the name to verify the email address is legitimate. No ORHA members will ever request money or wire transfers via email, we’ll never offer any kind of legal advice, and our email addresses will always end with our website, @OregonRentalHousing.com. Please be vigilant in verifying the source before opening attachments.

    All invoices are to be submitted to Office@OregonRentalHousing.com, they are then taken out of email for an approval process that’s tracked with the Executive Committee and more secure from Email Scams. Please do not email invoices directly to Bookkeeper or Treasurer; for cyber-security reasons, neither officials will approve or pay an invoice outside of the official approval process (starting with submitting the initial invoice to office).

    Our office is periodically checking emails and voicemails Monday through Thursday should you have any questions or concerns; however, please be advised that ORHA will not be returning calls or emails regarding landlord helpline questions or tenant questions. If you are a current member looking to contact your local association or are new member looking to join a local association, please visit www.oregonrentalhousing.com/about.

    To submit your ideas for an upcoming newsletter, please email Office@OregonRentalHousing.com by the 1st of the month.

    ** Reminder that the ORHA Monthly Membership Dues Form must be submitted by the 15th of each month **

    Benjamyn Seamans
    office@oregonrentalhousing.com | Voicemail: (541) 515-7723
  • Monday, December 12, 2022 1:50 PM | Anonymous

    By: Tia Politi 
    Date: December 01, 2022

    Inspecting your rental properties – especially the inside – can be an uncomfortable experience for all involved. Depending on the relationship and the attitude of both parties, checking out the living space of another person can range from fast, easy and casual, to time-consuming, difficult and even hostile. All endeavors large or small have their parts that are the least fun, so stop procrastinating and go inspect your property – your investment is at stake.

    With rental property the old saying, “No news is good news,” becomes, “No news is bad news.”  A resident’s failure to report issues with the unit can indicate that they don’t want you there because they’re doing something they shouldn’t, or not doing something they should. Also, you can’t rely on tenants to always report maintenance issues that can lead to property damage. Sometimes, they don’t know that something is awry.

    Getting started
    When I don’t have any red flags regarding a tenancy and just need to check the property out, I always like to call or email the resident, let them know it’s time for an inspection and ask what time would work for them in the next week or two. That gives them a sense of control, respect for their time, and breathing room to prepare. But, if I suspect something nefarious is going on, I may just offer the minimum 24-hours’ notice. When would that be the better option? Maybe you’ve received notification from police about a problem at the unit; maybe you’ve done a drive-by inspection and saw cars parked on the lawn, the blinds askew, and trash in the yard; maybe you’ve received a report from a neighbor that there are multiple animals on the premises. Whatever your reasonable suspicions, remember that it can be a Fair Housing violation to treat one tenant differently than another, so take care to apply the same rules to how much time you provide prior to entry, and base your decision on considerations other than membership in a protected class.

    Prepare the tenant for what the inspection will entail. Let them know you will need to see inside cabinets, closets and all rooms and outbuildings to check for leaks or potential maintenance issues. If you’ll need to look in the attic or under the house, let them know that too. Bring a flashlight, a ladder or step stool to see things up high, some smoke-in-a-can or a long stick to check smoke and CO alarms, and maybe a few tools in case you find a minor repair that can be addressed at that time.

    Imagine how you would feel having someone inspect your home. Would you feel like you were being judged? Maybe a bit defensive? Worried about being called on the carpet for something? Maybe grumpy about having to take the time? One way to help put your tenant at ease is to keep your focus on maintenance. The way I do that is by indicating on my notice to enter or in conversation with them that I need to do a maintenance inspection.  Once at the property I thank them for taking the time, and before starting the inspection ask the tenant how things are with the property.

    I go through all the areas of habitability and ask things like, “Is your heat system working properly?” “Do all of your doors and windows open, close and lock properly?” “Are your appliances working properly?” “Are there any leaks or drips you are aware of?” “Is your hot water system working properly?” “Are there any safety issues on the property?” “Do you have any other concerns you want to let me know about?” Starting with these types of questions sends the message that you care about their living conditions, and that your main purpose for being there is to ensure a decent, safe and habitable property, not to judge them for having dirty dishes in the sink.

    This is their home, so treat them and their property with respect. One way to do that is by asking permission throughout the inspection. “Is it okay if I look under the sink?” “Sometimes leaks show up in closets, is it okay if I look in the closet?” If you encounter a closed door, don’t just walk in, ask if it’s okay. If they say no to something, just document it and go on. You can always ask tenants to lead the way. One of my colleagues asks the tenants to open doors, cabinets, etc., which can help keep them involved and distracted from any possible negative emotions.

    What should you inspect for?
    Look for leaks at faucets and water supply lines, drain lines, and exterior spigots. Check your caulking, and look for discoloration in the vinyl around the toilets which could indicate a seeping leak at your toilet flange. Check for soft spots in bathroom floors adjacent to the toilet and tub/shower. Look for cracks in sheetrock around the chimney which could indicate a seeping leak at your flashing. Look for gaps between your gutters and the fascia which could rot not only the fascia itself, but your roof underlayment. Make sure the gutters are clear and the downspouts are draining properly. Look around exterior doors for daylight indicating that your weather stripping needs to be repaired or replaced. Look behind the washer/dryer hookups to ensure they are properly connected. Look for discoloration of the ceiling indicating a possible roof leak. Check the operation of fans in the kitchen and bathrooms. Are they clean and drawing properly? Check the heating systems and filters. Is the home being kept in a sanitary condition? Check for issues of health, safety and ingress/egress, and of course, you will be looking for violations.

    Can you take photographs of the property during an inspection? Yes, but, (and there’s always a “but”) tenants have a reasonable expectation of privacy, so no snapping photos of private things. Also, tenants might not be thrilled at the prospect and get grumpy with you about it. On the other hand, how else are you supposed to document maintenance issues or lease violations? One way to be discreet about it is to use a tablet so while you are taking inspection notes on the tablet, you can also be taking pictures. You may come across some interesting personal items left in the open during inspections, but if it isn’t a lease violation, it isn’t any of your business, don’t photograph it and don’t mention it. And, no looking in personal cupboards, drawers, boxes, containers or chests.

    One of my past clients had his home up for sale and after a showing to a prospective buyer, the realtor called the owner to report some concerns, including a camera set up in the bedroom, a large mirror hung on the ceiling above the bed, and a variety of “toys” that were not for children being openly displayed. Despite the fact that it weirded everyone out, it was none of their business and not a lease violation, so prepare to see things you may have wished you didn’t, ignore it and walk on.

    Outside, make sure your foundation vents are secure, that residents haven’t piled up trash, firewood or personal property against the siding or attached things to the siding. Are they taking care of the yard? Cleaning up animal waste? Disposing of yard debris? Neglecting or causing damage to trees or shrubs? Keeping vegetation off the structures? Remember, even if you don’t have everything spelled out in your lease or addenda, or you only have a verbal agreement, ORS 90.325 spells out residents’ responsibilities to keep the property and grounds, “…as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and… use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances…”

    It can be good to have an inspection checklist and have your tenant sign it when the inspection is done to document the condition throughout the tenancy. It can also be helpful to use an inspection app such as Z Inspector, Chapps Rental Inspector, Happy Inspector, Snap Inspect, or Tap Inspect. You can also use the Unit Condition Report - ORHA Form MT1 to document the condition and help you remember what you need to look at inside, and to give you and the tenant something to sign to keep in their file. If the resident isn’t there, or you don’t care to use a form or an app, it’s a good idea to follow up with a written recap of your inspection by mail or email. Also, remember to acknowledge and thank them for the things they are doing right. A kind word can make all the difference in the relationship.

    Denial of Entry, Lease Violations & Tenant-Caused Damage
    If, during the inspection, the tenant refuses to allow entry to a portion of the premises, or you identify lease violations or tenant-caused damage, I suggest that you document it, but do not address it with the resident during the inspection. Addressing issues at the moment can lead to arguments which can quickly escalate to problems neither one of you is prepared to deal with and stop the inspection in its tracks.

    For denial of entry to all or part of the unit, remember that ORS 90.322 allows a tenant to deny entry if the landlord’s stated time and date for entry, “…conflicts with their reasonable and specific plans to use the property.” For example, on the date and time you want to enter, the renter has scheduled a gathering. In a case like that, their denial would likely be considered reasonable. While the statute says landlords have the right of entry after a minimum 24-hour notice, and says the tenant may not unreasonably deny entry, it also says that the landlord may not abuse the right of access or use it to harass the tenant.

    Especially now, during the COVID pandemic, there are lots of reports of renters denying entry. One caller shared that every time they have tried to enter for the past six months, the tenant claims to have contracted COVID (apparently again and again). I’m also hearing about denials of entry related to possible exposure and the need to quarantine. It’s a challenging time to be a housing provider and we’re in a situation we’ve never experienced before, so remain calm and consider your options. You may want to delay for a time, but really six months??!! At some point, you may have to take decisive action and serve a notice for unreasonable denial of entry using Notice of Termination with Cause – ORHA Form VT5. The tenant has to let you in within the cure period or their tenancy will terminate. Taking a case like that to court these days can be risky. Who knows how a judge would rule? I recommend providing some flexibility, and only serve notice to terminate after two or three denials.

    You might also consider writing up something on every notice to enter – 24-Hour Notice to Enter – ORHA form O4 that you serve, “We will take all COVID-safe precautions prior to entry including double-mask and gloves and will not enter or allow anyone else to enter who has any symptoms of illness or a fever. We will have a forehead thermometer with us to provide evidence if that makes you feel more comfortable. We will only spend as little time in the unit as possible and expect the walk-through will take a maximum of 15 minutes. If the listed time and date for entry conflicts with your plans to use the property at that time, we will accommodate a different time or day within a 48-hour period following our intended date and time of entry; otherwise, please be advised that your tenancy may be terminated as allowed by law for unreasonable denial of entry under ORS 90.322.”

    Communications with the renter showing the efforts you made to address any COVID-related concerns and your attempts to be flexible and adapt to their schedule should be helpful in proving that any specific denial was unreasonable.

    What if the renter denies access to only a portion of the premises? That also constitutes unreasonable denial. I spoke with a Helpline caller recently who said on her last two inspections, there was one bedroom that the tenant would not allow her to inspect. On each occasion there was always “someone asleep in there.” Uh huh, sure. Remember, that too is a violation. To forestall this possibility, remember to let the renters know that you will need access to every part of the premises, including all rooms, closets, the garage and any outbuildings.

    During the inspection, take notes or discreet pictures of any violations, go back to your office and write up either a warning notice – Notice of Non-Compliance – ORHA form V1 or a Notice of Termination with Cause – ORHA form VT5 letting them know that they have violated their rental agreement and they need to fix the problem or move out. Sometimes a written warning notice is all that’s needed to turn things around, but unless you’re pursuing termination based on Three Strikes in a fixed-term lease, warning notices have no teeth for enforcement. That’s why in many situations it can be best to start with a for-cause notice. If they cure the violation within the cure period, calendar another inspection for four or five months down the road so that if they repeat the same or substantially the same violation, you have the option to terminate the tenancy on a Repeat Violation Termination Notice – ORHA Form T1.  

    I once discovered tenants had been smoking inside their unit. I documented the evidence, went back to the office and wrote up a notice requiring them to stop immediately, then have all the walls, ceilings and other hard surfaces thoroughly cleaned, all curtains and carpets professionally cleaned, and have the unit treated with an ozone machine. They accomplished most of this before the tenancy ended saving my owner quite a lot of money and in the end their security deposit covered the remainder of correcting the damage. They actually got a small refund.

    Sometimes allowing residents to cure violations and continue the tenancy can benefit you from a financial standpoint, and benefit the tenants who may need extra coaching in how to properly care for their unit. At that point, they are motivated to work with you so that they can keep their housing, and may do some or all of the corrective work, saving you money, and hopefully getting their tenancy back on track.

    If you have a contentious relationship with the resident, they have indicated their willingness to sue you for a perceived problem, or are prone to raging outbursts, I would have someone else join you for the inspection as a witness. Prepare yourself to maintain control of your own emotions even if subjected to verbal abuse. It doesn’t matter how the tenant behaves, you need to mind your manners. If things escalate, leave immediately and consult an attorney about your options.

    Disability-related issues
    Sometimes, lease violations are connected to a tenant’s disability. Excess personal property, or failing to maintain the unit in a decent, safe and sanitary condition, can be related to mental illness or indicate physical limitations. Remember, if you have a tenant who is a hoarder, that is considered a mental disorder and you may need to provide more time for them to correct any problems. Sometimes residents just haven’t been given good boundaries or learned reasonable expectations for order and cleanliness. You may want to start with a plan of action and see how it goes before proceeding to termination.

    I once had a family with multiple issues discovered on inspection, including stacks of tires in the yard, an unauthorized chicken coop, evidence of a large visiting dog, an unauthorized cat in the attic, failure to maintain the yard, and unsanitary conditions throughout the house. They were very nice folks, paid their rent on time and were very easy to deal with. We didn’t want to get rid of them, just get them to comply with the rental agreement, so we set up a series of 30-day benchmarks and follow-up inspections to give them time to address each area of concern. At each follow-up, we documented their success and in the end, they corrected all of the issues. They really just needed some coaching to turn things around and understand what they were required to do.

    We could have issued a for-cause notice requiring them to fix it all within two weeks or terminate the tenancy, but it wouldn’t have been reasonable or even possible for them to correct everything in that time frame. Remember, landlords have the obligation to be reasonable and act in good faith. We don’t all start out the race of life in the same position. We don’t all get born into perfect families who are functional and teach us things we need to know to get along in the world. Also, people with developmental disabilities or other cognitive issues may struggle with complying with the rental agreement and may need additional support, but they need a place to live too. You may not have thought that social service work was part of being a landlord, but it certainly can be.

    If you have a resident who is struggling in some way to comply with the terms of the rental agreement or care of the property due to a disability, you can ask if they would like a referral to a social service agency, and see if you can find them some support. I’m not indicating you should put up with tenants who are intentionally disrespecting your property or otherwise choosing to flaunt their misbehavior and have full capacity to comply. That’s very different from a resident who sincerely wants to or intends to comply, just lacks either the mental or physical capacity to do it on their own.

    It’s not up to you to set them up with social service help and they have to agree to accept it, but you can provide them with some information on available resources. We are blessed to live in a caring community that has many available social services such as Lane County Mental Health, South Lane Mental Health, Sheltercare, St. Vincent de Paul, and Catholic Community Services among others. Call 211 for referrals to services in your area. If the tenant then refuses to access the services they need, at least you know you tried.

    Tenant-caused damage or failure to report
    If you discover tenant-caused damage – depending on the severity – you may want to consider making a claim on their renter’s insurance (if they have it), or set up payment arrangements to cover the cost. You can choose to require them to repair the issue at that time, repair it yourself and bill them, or, if it’s something that isn’t impacting the livability of the unit you can always choose to delay the repair, have them pay in advance for the cost of the repair, and hold the money as an additional security deposit so the funds are available at the end of the tenancy. That can be tricky as landlords may not increase the security deposit within the first year of tenancy, except for allowing things like pets, but in a case of discovered damage, that may be seen as a separate issue.

    Remember, if you do increase the security deposit either after discovery of tenant-caused damage or later for whatever reason, it must be reasonable and you must provide the tenant with at least three months to pay. You can always provide more time for that, say, an extra $50 per month until it’s paid, but you have to allow at least the three months. If you have a low-income tenant and demand a huge deposit increase with only three months to pay, would a judge think you’re being reasonable? Probably not.

    I’ve often been asked about damage that tenants never reported and whether they can be held financially responsible. The answer is yes, but…the law presumes that landlords will be periodically inspecting their properties and so within the statutes exists a concept called, “…knew or should have known.” That means that your failure to inspect makes you responsible for any damage occurring after six months to a year of a tenant’s failure to report problems. And some problems aren’t obvious.

    So, if you haven’t inspected in seven years and find the kitchen floor rotted due to a dishwasher leak, how are you supposed to determine when the leak started and what portion of the damage can be attributed to the tenant’s failure to report? Also, if you end up in court over something like that, how do you prove to the judge just what the tenant failed to report and when? You should have known, because you should have inspected.

    Inspections can be challenging, and if you really can’t handle it, hire it out. Remember, no news is (usually) bad news.

    This column offers general suggestions only and is no substitute for professional legal counsel. Consult an attorney for advice related to your specific situation.

    Rev 6/2021

  • Tuesday, November 01, 2022 11:47 AM | Anonymous

    By: Tia Politi, ORHA President
    November 1, 2022

    It’s done! The 2022-2023 Forms Manual is finally here and ready for purchase. I encourage members and nonmembers alike to purchase our latest book. It’s chock full of information and contains our new forms and updates to many other forms. As an eviction specialist and landlord helpline representative for five of our county chapters, I can tell you that when a landlord loses in eviction court it is most often because of a mistake in their notice – wrong form, miscalculation of time, imperfect service and inadequate descriptions – all of these things can and do derail an otherwise legitimate termination of tenancy.

    Managing rental property is a business like any other business and it takes keeping abreast of what we can do and how we can do it. In addition to providing many new forms and revisions to others, our Technology Chair, Cloud Miller, has grouped our forms according to category and renumbered them with the help of our programmers and Sunriver Computer Services. This invaluable guide will help you deal with tenancy issues the right way (and by the way, it’s a tax-deductible business expense).

    As we go to press with our November edition, many of our legislative races are too close to call. Here’s hoping that whatever the outcome, we regain balance in the State of Oregon. Thank you to all who contributed so generously to the ORH Key PAC. We were able to distribute more than $34,000 to candidates who support property owner rights.

    Be sure to participate in the ORHA Survey Committee’s latest survey! We’re excited to be able to track changes over time with the data we are collecting.

    Remember, November and January board meetings are virtual now, look for more information about our November Board and Committee Meetings in Office Manager Ben Seamans office report. We hope to see you there!

  • Tuesday, November 01, 2022 11:41 AM | Anonymous

    By: Benjamyn Seamans
    November 1, 2022

    Hello all, our next set of meetings will be held virtually on Friday November 18, 2022, and Saturday November 19, 2022 – An email will be sent to all delegates by the end of day on Monday November 14, 2022 with the meeting link and further details. For those eligible delegates not currently attending our board meetings, I highly suggest that you start because we do often provide valuable information and insight. For those interested, there are several volunteer opportunities – Please contact Office@OregonRentalHousing.com for more information.  

    During our September board meeting, we received a majority vote to implement an assigned ORHA email address to each local association. This will be a project that we will begin to roll out towards the end of this year, and it will allow for local associations to submit their monthly membership reports digitally online, as well as being able to teach classes virtually using Microsoft Teams. When the time comes, each member with access to the assigned email address will need to sign the ORHA Microsoft Email User Policy mentioned later in this article. More information and training will be provided as it becomes available.

    With our new professional emails in place, ORHA has drafted a Microsoft Email User Policy that was presented during the July meeting in Silverton. This policy will be executed by all ORHA email users and will help ORHA maintain quality of control, emphasizing an importance on cyber security, and association cyber safety – email Office@OregonRentalHousing.com to receive a copy of this user policy. Moving forward, please be sure to email by position (i.e. President, Vice President or Secretary) or topic (i.e. Forms, Technology, or Social Media) – not by person.

    Please be vigilant of email scams and always double check that the email address ends in @OregonRentalHousing.com. Remember, email display names can be masked and it’s extremely important that you click on the name to verify the email address is legitimate. No ORHA members will ever request money or wire transfers via email, we’ll never offer any kind of legal advice, and our email addresses will always end with our website, @OregonRentalHousing.com. Please be vigilant in verifying the source before opening attachments.
    All invoices are to be submitted to Office@OregonRentalHousing.com, they are then taken out of email for an approval process that’s tracked with the Executive Committee and more secure from Email Scams. Please do not email invoices directly to Bookkeeper or Treasurer; for cyber-security reasons, neither officials will approve or pay an invoice outside of the official approval process (starting with submitting the initial invoice to office).

    Our office is periodically checking emails and voicemails Monday through Thursday should you have any questions or concerns; however, please be advised that ORHA will not be returning calls or emails regarding landlord helpline questions or tenant questions. If you are a current member looking to contact your local association or are new member looking to join a local association, please visit www.oregonrentalhousing.com/about.

    To submit your ideas for an upcoming newsletter, please email Office@OregonRentalHousing.com by the 1st of the month.

    ** Reminder that the ORHA Monthly Membership Dues Form must be submitted by the 15th of each month **

    Benjamyn Seamans
    office@oregonrentalhousing.com | Voicemail: (541) 515-7723

  • Tuesday, November 01, 2022 11:26 AM | Anonymous

    By: Tia Politi, ORHA President
    November 1, 2022

    As a rental owner, most of the properties hubby and I purchased were vacant or were our primary residence before being turned into rentals. We did have instances however, when we purchased a property with a renter in place. For most private investors this will happen at some point, and certainly for property managers it happens all the time. Either way it can be a challenge. Most residents handle the transition to a new owner or manager well, others not so much. Most sellers have good renters, professional documentation, and a habitable unit, others not so much.

    Transition 101
    Just like other areas of life, courtesy and kindness go a long way to drawing people to your way of thinking. Transitions can be particularly difficult for some people and a pleasant, calm, helpful demeanor is always a good idea. I have occasionally had renters who struggled with the transition at first, but then settled down, so don’t assume that the first reaction you get will be how things go forever.

    One lady I encountered burst into tears when I showed up with transition paperwork. She thought she was being evicted and as she sobbed her heart out, it was all I could do to get her to hear me and let her know that wasn’t the case. Another tenant refused to accept the transition, refused to send us rent, and was evicted for non-payment despite my many attempts to get him to understand that we were his new managers.

    You can’t make the need for change go away, but in most cases your attitude will influence the response from your new renters, so be mindful of that and your chances of a successful transition will increase exponentially.

    I start by writing a nice letter introducing myself and letting the renters know the effective date of the change, where they should pay rent in the future, and how to make maintenance requests. For month-to-month tenancies (or tenancies with only a verbal rental agreement), I also include a new rental agreement and addenda for them to initial, sign and return.

    If the rental unit was built prior to 1978, it’s especially important that you provide the EPA booklet, “Protect Your Family from Lead in your Home.” If the renters won’t sign the Lead Based Paint Disclosure form, at least you provided the required information. I would also recommend emailing the link, so you have proof. The EPA takes this issue seriously and you could incur substantial fines for failing to provide the booklet.

    I add a paragraph that says something like, “Enclosed you will find a new rental agreement and assorted rental forms. Please contact me to let me know if you have any questions or would like to meet; otherwise, I would appreciate it if you would have all adult household members initial, sign and date the forms where indicated, and return them to me within 30 days.”

    I also say some other nice things like, “As a valued customer your satisfaction is important to me. Please let me know if there’s anything I can do to improve your experience in your home, or if you have any questions or concerns about this change.” Yes, you may open yourself up to an avalanche of requests, but in my experience most reasonable folks don’t push it and you can always deny the unreasonable requests.

    Curing Waiver & Changing Terms
    I also want to address any issues of waiver that the prior owner may have created so in a month-to-month situation I include the following statement in the letter, “Please be advised that this letter shall also serve as your notice of change in terms. All the conditions, rules and regulations contained therein will take effect 33 days from the date of this letter regardless of whether or not you sign and return the documents.” (Review ORS 90.262 regarding the implementation of rule changes by housing providers.)

    This can be an effective way to reset a late fee type or amount, change your smoking policy, parking restrictions, or even require renter’s insurance (But, remember that if you are including this particular change you must include a statement as to when it is not legal to require:  if the renters’ combined household income divided by household size is at or below 50% of the median for the county of residence, or  if the dwelling unit of the tenant has been subsidized with public funds including federal or state tax credits, federal block grants authorized in the HOME Investment Partnerships Act under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, or the Community Development Block Grant program authorized in the Housing and Community Development Act of 1974, as amended, project-based federal rent subsidy payments under 42 U.S.C. 1437f and tax-exempt bonds. Visit https://www.huduser.gov/portal/datasets/il.html#2020_query to determine the median income of your county.).

    There are many things you can’t change without the renter’s agreement. Those would be the due date for rent or maybe even a longer grace period if the prior owner had one. You also cannot implement any other “substantial modification” of the rules without the renter’s written consent. That might include things like assessing a utility fee or any other new requirement that requires the tenant to pay for something that they didn’t previously have to pay for like garbage service or take over a task like yard care that was previously included in the rental agreement.

    In my experience, 95% of renters want to be cooperative and will go ahead and sign your forms, but if they don’t at least you’ve got some parameters for the tenancy established.

    If I’m taking over a fixed-term lease, there’s nothing I can change until it expires, unless they are willing to sign a new agreement, but I still want to cure any waiver of the existing terms the prior landlord may have created, so I add a statement like, “This letter shall serve as your notice that all the terms and conditions of your current lease agreement are in full force and effect, regardless of whether or not your prior landlord enforced those rules.” I have been pleasantly surprised on many occasions though, when tenants in a lease will agree to sign new forms, so it doesn’t hurt to ask.

    Certain types of waivers may not be cure-able such as a pet by waiver or even a tenant by waiver, so you are advised to proceed with caution and not just assume that you can do or change whatever you want. (Read ORS 90.412 for the legal rendition of waiver and seek legal advice if you have any questions.)

    Property Condition
    If the former owner or manager failed to document the condition on move in, security deposit reconciliation becomes more problematic. I need to document the current condition so there’s some sort of baseline, so I include an invite to call me to set something up. If I don’t hear back in a week, I send a notice for a time during normal business hours that works for me. If they’re willing to meet in person, it can also be a good time to get forms signed and questions answered.

    When you do your initial inspection after taking over, even if you may be looking for lease violations as well as needed repairs, call it a maintenance inspection. Make sure they know you will need access to all closets, rooms, garage and even storage sheds. (If they deny access to any part of the home or grounds, remember that unreasonable denial of entry is a violation under ORS 90.322.)

    I start by asking them how things are with the property and run through a rough list of habitability items:  Do your doors and windows open, close and lock properly? Does your heating/cooling system work properly? Hot water? How about the electrical system, any issues with lights, plugs or switches? Any leaks, drips, or plumbing issues you are aware of? Do your appliances work properly? Have you tested your smoke & CO alarms recently?

    That usually puts people more at ease because the focus is on the unit and makes the walk-through less awkward for both. As you’re inspecting, document any lease violations you may see but hold off on addressing them at that moment. Long ago, I was doing a walk through with a prospective client and it was clear the tenant was smoking cigarettes in the unit and had an unauthorized cat. The owner confronted the tenant, the conversation got quite tense, and things could have really escalated. Just document what you see and let your legal notice do the talking for you.

    Illegal Provisions
    Illegal provisions in a rental agreement are another potential hassle that you may inherit from the previous owner/manager. Remember that a tenant cannot waive their rights under landlord-tenant law (even with their agreement), so if you have inherited a defective agreement, just don’t attempt to enforce those provisions. ORS 90.245 (2): “A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent.”

    Some illegal provisions that have crossed my desk include usurious late fees; premature grace periods, such as three days instead of the minimum four; allowance for entry without 24 hours’ notice; and unreasonable restrictions such as, no overnight guests or no sleepovers for children. The renter has the right to use the home and property for any reasonable, legal uses and you may not unreasonably restrict their rights to do so.

    Habitability
    Habitability issues can rear their ugly head, so be careful regarding the condition of a property you purchase or take over for management. If there are substantial problems, I would decline to purchase or manage until or unless the tenants were removed so that I don’t inherit a legal claim for damages from the renter. Should you choose to take on that risk, deal promptly with all needed repairs, but especially habitability-related repairs such as lack of smoke or CO alarms, heat or hot water, doors and windows that don’t lock, rot or pest issues, safety and security, waterproofing & weatherproofing, electrical, plumbing and waste systems. Check out ORS 90.320 for a complete rendition of your obligations to provide habitable housing.

    Discrimination & Retaliation
    Encountering a challenging transition with a contentious renter makes most landlords want to just terminate tenancy, but that has been rendered significantly more challenging since the passage of Senate Bill 608. Proceed carefully. Remember that even a termination without cause in the first year of occupancy has the legal defenses of discrimination or retaliation.

    Discrimination means treating people who belong to a protected class differently than those who don’t in the buying selling or leasing of real estate and is outlined in federal law through the Fair Housing Act and in state law under ORS 90.390. Protected classes are:  Federal – race, color, religion, national origin, sex, familial status, and disability; State – marital status, source of income, sexual orientation, and gender identity. Other localities in Oregon may have additional protected classes. Eugene, for example, adds protections based on – age, ethnicity, type of occupation and domestic partnership.

    Retaliation is defined in landlord-tenant law (ORS 90.385) as increasing rent, decreasing services, serving a notice of termination, or bringing or threatening to bring an action for possession after the tenant has:

    • Complained to or expressed to the landlord in writing the intent to complain to a governmental agency charged with oversight for: building, health, or safety codes; mail delivery laws and regulations; or discrimination in rental housing.
    • Or, the tenant has: made a complaint to the landlord that is related to the tenancy; formed or joined a tenants' union; testified against the landlord in any judicial, administrative or legislative proceeding; successfully defended an FED (eviction) action brought by the landlord when the notice served by the landlord was defective or imperfect, or the timing of the notice was miscalculated; or indicative of their intent to assert or invoke the protection of any right secured to tenants under any federal, state or local law.

    Exceptions to the use of the retaliation defense by a tenant include: 


    • Complaints by the tenant were unreasonable in their timing or manner
    • The violation of housing codes was caused by the tenant
    • The tenant has defaulted on rent (unless they deposit full rent into court)
    • Compliance with building codes requires the tenant to vacate

    So, maintain professional decorum with even the most cantankerous renter and terminate tenancy for cause if they violate the rental agreement. Some residents struggle with developmental disabilities, attention deficit disorder, mental illness, PTSD, health issues or family dysfunction. We don’t all get the perfect renters who communicate well, obey every rule, are fully functional, and have healthy conflict resolution skills. It’s up to you to deescalate or walk away. Deal with lease violations by serving notice, not by issuing threats or ultimatums, and if you can’t do that hire someone who can.

    Tenancy Termination
    Sometimes you not only have to handle the transition, but termination of tenancy as well. That comes with its own set of challenges as to the reason and proper service of notice, but also due to the renter’s reaction. Unless I was able to re-home a renter or they were ready to move out anyway, I never got a joyful reaction. Think about how much of a disruption it would be for you to move out of your home. Things may get hostile, or at the least the renter will be understandably upset. Be as compassionate and helpful as you can be and be prepared for some amount of anger or upset.

    Keep in mind too, that about half the time the renter may experience some delay and not be able to vacate on the termination date. Yes, you can proceed to evict, but that takes time too. I always factor extra time into my plans, and depending on the situation, am okay with extending the move out date within reason if they will put their notice in writing to me and pay rent for the extra time. Don’t accept payment of rent on an extension without notice from the tenant or you will create waiver on your notice in accordance with ORS 90.414.

    The Takeaway
    Take care with how you handle a transition with renters. Successful management is based on building relationships, and you set the tone at the first contact. Be kind but firm and you’re likely to have fewer hurdles to overcome as they get accustomed to a new way of doing things. Be prepared for some amount of obfuscation, anger or upset and always keep your cool – remember, it’s about the situation, not you personally.

    Address issues of paperwork right away and cure any waiver the former manager may have created. Get in and document the condition of the unit as soon as possible and take care of any habitability issues right away. If you’re purchasing or taking over management of an occupied rental property, you may want to require the seller to correct any deficiencies in the paperwork, terminate tenancies of questionably habitable units, or remove a problem resident ahead of you assuming legal liability.

    Buyers desperate for a deal and property managers hungry for clients sometimes don’t think these things through. They disregard performing their due diligence, resulting in unanticipated liabilities, legal bills, and intense stress. Sometimes a bargain is a bargain for a reason and is no bargain at all.

    This column offers general suggestions only and is no substitute for professional legal advice. Please consult an attorney for advice related to your specific situation.

  • Sunday, October 09, 2022 1:01 PM | Anonymous

    By: Tia Politi
    October 01, 2022

    We had a busy and productive meeting in Bend last month. McMenamin’s provided great food and a lovely meeting space. Friday’s Leadership Dinner was well-attended, and the group heard updates from our committee chairs. Technology Chair Cloud Miller prepared a spectacular Teams Video taking us through the history of the ORHA Forms Store that was almost lost forever and shared his vision for the future. Next up, forms packages that will prefill all selected forms with the tenants’ information, so you don’t have to fill out each form individually!

    Education Chair Violet Wilson updated the group, taking us through the new classes in development and the progress the committee has made over the past year in supporting our smaller chapters through mentoring classes. The chapters who have benefitted from her support had rave reviews on all she has done to improve their offerings to their members as well as their bottom lines.  

    Survey Chair Alex Wilkins presented his committee’s work on the next survey coming out this month. Be sure to send it out to your members and encourage them to participate. This new survey will be similar to the first so we can compare the data over time. Can’t wait to see it!

    As chair of the Forms Committee, I reported that we were very close to putting the 2022-2023 Forms Manual to bed. Since then, it has been completed and sent to the printer. We hope by the time this newsletter comes out that the books will be ready to go. The Forms Committee’s next project is a new Law Book. We expect that will be published in late 2023 or early 2024 depending on the outcome of the next legislative session. We are planning to include other sections of law, including the Oregon Rules of Civil Procedure; ORS Chapter 18 – Judgments; ORS Chapter 40 – Rules of Evidence; ORS Chapter 46 – Small Claims; ORS Chapter 96 – Fence Line Law; and a new Glossary of Legal Terms. The committee is also in the process of taking suggestions for the next Forms Manual. Please email us with any suggestions for updates to existing forms or new forms you would like to see:  ORHAFormsCommittee@oregonrentalhousing.com.

    At our Saturday board meeting, Bookkeeper Lori Black updated us on her progress cleaning up the books. In the past, some income and expenses were incorrectly categorized, and she and the Finance Committee have been hard at work with some forensic accounting. It looks better every time! At the office, Ben Seamans has helped by creating approval processes to input bills and invoices and route them to the appropriate board members for approval prior to payments being issued. With our new finance procedures in place, we are setting ourselves up for long-term fiscal stability and that feels good.

    Our November and January meetings will be held online through Microsoft Teams. Look for invites to committee meetings and the board meeting next month – hope to see you all there!

    Since being elected president, it’s been a series of dramatic changes to every aspect of what we do, but I’m very encouraged by the progress we’ve made in providing a stable foundation for the future of ORHA. Thank you for all your support!

    “When we least expect it, life sets up a challenge to test our courage and willingness to change; at such a moment, there is no point in pretending that nothing has happened or in saying that we are not yet ready. The challenge will not wait. Life does not look back.” – Paulo Coelho

  • Sunday, October 09, 2022 12:56 PM | Anonymous

    By: Benjamyn Seamans
    October 01, 2022

    Hello all, thank you to everyone who was able to attend our September meetings in Bend! On Friday we had a series of productive committee meetings, and we had our annual Leadership Dinner featuring some phenomenal committee reports! Saturday’s board meeting ran smoothly – A special shoutout to Cloud Miller (ORHA Technology Committee Chair) for the detailed presentation, giving the history of ORHA’s online form store. For those eligible delegates not currently attending our board meetings, I highly suggest that you start because we do often provide valuable information and insight. For those interested, there are several volunteer opportunities – Please contact Office@OregonRentalHousing.com for more information.  

    During our September board meeting, we received a majority vote to implement an assigned ORHA email address to each local association. This will be a project that we will begin to roll out towards the end of this year, and it will allow for local associations to submit their monthly membership reports digitally online, as well as being able to teach classes virtually using Microsoft Teams. When the time comes, each member with access to the assigned email address will need to sign the ORHA Microsoft Email User Policy mentioned later in this article. More information and training will be provided as it becomes available.

    Our next set of meetings will be held virtually on Friday November 18, 2022, and Saturday November 19, 2022 – An email will be sent in November with the meeting link and further details.

    With our new professional emails in place, ORHA has drafted a Microsoft Email User Policy that was presented during the July meeting in Silverton. This policy will be executed by all ORHA email users and will help ORHA maintain quality of control, emphasizing an importance on cyber security, and association cyber safety – email Office@OregonRentalHousing.com to receive a copy of this user policy. Moving forward, please be sure to email by position (i.e. President, Vice President or Secretary) or topic (i.e. Forms, Technology, or Social Media) – not by person.

    Please be vigilant of email scams and always double check that the email address ends in @OregonRentalHousing.com. Remember, email display names can be masked and it’s extremely important that you click on the name to verify the email address is legitimate. No ORHA members will ever request money or wire transfers via email, we’ll never offer any kind of legal advice, and our email addresses will always end with our website, @OregonRentalHousing.com. Please be vigilant in verifying the source before opening attachments.
    All invoices are to be submitted to Office@OregonRentalHousing.com, they are then taken out of email for an approval process that’s tracked with the Executive Committee and more secure from Email Scams. Please do not email invoices directly to Bookkeeper or Treasurer; for cyber-security reasons, neither officials will approve or pay an invoice outside of the official approval process (starting with submitting the initial invoice to office).

    Our office is periodically checking emails and voicemails Monday through Thursday should you have any questions or concerns; however, please be advised that ORHA will not be returning calls or emails regarding landlord helpline questions or tenant questions. If you are a current member looking to contact your local association or are new member looking to join a local association, please visit www.oregonrentalhousing.com/about.

    To submit your ideas for an upcoming newsletter, please email Office@OregonRentalHousing.com by the 1st of the month.

    ** Reminder that the ORHA Monthly Membership Dues Form must be submitted by the 15th of each month **

    Benjamyn Seamans
    office@oregonrentalhousing.com | Voicemail: (541) 515-7723


  • Sunday, October 09, 2022 12:45 PM | Anonymous

    By: ORHA Legislative Committee
    October 01, 2022

    With one-party control and supermajorities in the legislature, it’s natural that policy is driven down a one-way progressive street with no stop lights to slow it down.  Negotiation and moderation begin to fade and party politics shift so far in one direction that the electorate clamors for the pendulum to come back.

    The 2022 election could be the year that the pendulum swings back to the middle— a corrective course of those unhappy with the direction Oregon is heading.  Homelessness, Crime and Public Safety are top of mind for voters this Fall and will decide the fate of those running for office. 

    Oregon’s political climate should yield a more balanced legislature this November with the expectation that both the Oregon House and Senate could fall below the Democrat 3/5ths supermajorities of 18 and 36 in both chambers.  The Senate has the clearer path to reduce the democrat majority from 18D-11R-1I to a 15-15 split or even a 16-14 Republican majority (including the conservative Independent) if they win every targeted race.  The House Republicans are expected to narrow the gap from 38D-22R to 35D-25R or even closer if they win a few more targeted races.

    The Governor’s race is an historic three person—all women race with former Speaker of the House Tina Kotek (D-Portland), former House Republican Leader Christine Drazan (R-Canby) and former Ways and Means Co-Chair Betsy Johnson who was a life-long Democrat in office but is now running as a non-affiliated candidate. 

    With the Governor’s race now firmly a two-way contest between Republican Christine Drazan (R-Canby) and Democrat Tina Kotek (D-Portland), the stakes could not be higher.  Last week, three polls were released illustrating the following:

    Nelson Research
    (R) Drazan 33.4% (+1.9)
    (D) Kotek 31.5%
    (I) Johnson 19.2%

    Clout Research
    (R) Drazan 39% (+4)
    (D) Kotek 35%
    (I) Johnson 16%

    DHM Research
    (R) Drazan 35% (+2)
    (D) Kotek 33%
    (I) Johnson 21%

    Please CONTRIBUTE to the ORHA Key-PAC

    This election could be historical with your help!

    It’s time we transition into a post pandemic world where balance is restored.

    This November election is critical.  Either we elect a Governor and legislators who will help us manage our properties or we may face future set-backs with further eviction moratoriums, rent control and/or the loss of no-cause evictions.  

    This is a special “balance” appeal for our PAC so we can defend ourselves or face the consequences.  So it’s time once again to please contribute to the Oregon Rental Housing KEY-PAC.

    Your contribution of $1,000, $500, $250 or $100 will go a long way this election cycle to help stop these attacks!  A lot is at stake next legislative session.

    ORHA’s legislative successes are built upon getting the right legislators elected!  Regardless of a candidate’s political affiliation, ORHA KEY-PAC helps elect candidates who will help protect your ability to own, operate and manage rental property.

    So please, support the ORHA KEY-PAC and support legislators who will understand and protect our industry.

    https://oregonrentalhousingpac.org/

  • Sunday, October 09, 2022 12:29 PM | Anonymous

    By: Tia Politi, ORHA President
    October 2022

    The end is here! October 1, 2022, marks the return to normal for landlords and tenants alike regarding nonpayment of rent and other eligible charges. It also marks the end of the Safe Harbor Period tenants have enjoyed if they provided written proof of application for rent assistance to their landlord on or after July 1, 2021, and before July 1, 2022.

    On October 1, 2022, landlords whose tenant applications have not been funded by September 30, 2022, can apply to the Landlord Guarantee Program to be reimbursed in full for their tenants’ Safe Harbor Periodhttps://www.oregonlgp.org/. Landlords may only apply for reimbursement from the date the renter provided written proof of their application for rent assistance from a qualifying agency. The state plunked $10 million into that fund; hopefully, it will be enough.

    Some may have been confused or misled regarding the types of applications that qualify. Those include any emergency rent assistance programs that are publicly funded will trigger the protections, whether funded by state, local, federal, or other funds. This means OERAP (Oregon Emergency Rent Assistance Program), a program run through a local Community Action Program, a local Community-Based Organization, a local foundation, etc. Some tenants have been providing ineligible types of assistance applications – emergency loan requests, Go Fund Me, etc. These types of applications do not qualify, and you will not be able to seek reimbursement from the program.

    What types of money owing qualify for reimbursement? Eligible non-payment charges include rent, late charges, utility or service charges, or any other fee as described in the rental agreement or allowed by ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630, but do not include payments for damage to the premises.

    ORS 90.140 Types of payments landlord may accept or require: 

    • Applicant screening charges, pursuant to ORS 90.295;
    • Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297;
    • Security deposits, pursuant to ORS 90.300;
    • Fees, pursuant to ORS 90.302; (NSF fees, alarm tampering fees, noncompliance fees, lease-break fees)
    • Rent, as defined in ORS 90.100;
    • Prepaid rent, as defined in ORS 90.100;
    • Utility or service charges, pursuant to ORS 90.315 (4), 90.568 or 90.572; and
    • Late charges or fees, pursuant to ORS 90.260
    ORS 90.560-90.584
    • Manufactured housing park or RV park charges including charges for rent, utilities, services, garbage, cable/satellite/internet, late fees, public service charges
    ORS 90.630
    • For cause termination for lawful charges assessed in manufactured housing park or RV park

    On October 1, 2022, we also return to the timelier nonpayment notices provided to tenants switching from 10-day notices to 72-hour notices and from 13-day notices to 144-hour notices; however, some attorneys recommend serving a Notice of Termination with Cause if the tenant has accrued substantial past-due charges over the last two-and-a-half years. Seek legal counsel for advice related to your specific situation. Also, beginning October 1, 2022, landlords are not required to include any special notices along with any notice to pay or vacate.

    If your tenant accrued debt prior to the initiation of the Safe Harbor Period, that won’t be covered debt so you may want to see what you can obtain from the program and serve notice for any moneys owing outside of that period, or you can serve notice for the entire debt and evict for nonpayment if you don’t want to bother (but who wouldn’t want to bother about getting paid?!!).

    Application of Tenant Payments
    Many landlords have been trying to work with their renters, by having them agree to a payment plan, but may be causing themselves more problems by applying payments improperly. Remember, beginning March 1, 2022, landlords had to begin applying payments in the usual way.

    ORS 90.220 (9)(a) Notwithstanding a provision in a rental agreement regarding the order of application of tenant payments, a landlord shall apply tenant payments in the following order:

    (A) Outstanding rent from prior rental periods;

    (B) Rent for the current rental period; 
    (C) Utility or service charges;

    (D) Late rent payment charges; and
    (E) Fees or charges owed by the tenant under ORS 90.302 or other fees, or charges related to damage claims or other claims against the tenant.

    Past Tenants – Statute of Limitations
    And another reminder…you may recall that for residents whose tenancies terminated during the Protected Period (April 1, 2020 – February 28, 2022), the statute of limitations was tolled. That means you have through February 28, 2023, to initiate legal action to recover any nonpayment balance. It might not hurt to make one last effort to get them to sign a Promissory Note – ORHA form #50, and agree to reasonable payment arrangements, but you can also sue in Small Claims Court, or hire a collection agency to pursue the debt on your behalf, just remember that before pursuing legal efforts you must have made a bona fide effort to collect on the debt. That can include a deposit reconciliation you have already provided.

    The Cares Act
    For rental owners who hold a federally backed mortgage, the CARES Act is still in place and prohibits termination for non-payment of rent with less than 30 days notice:

    Through February 28, 2022, landlords were required to apply any payments received to current rent first and outstanding rent from prior rental periods came last. For landlords who have continued to apply payments to current rent first after February 28, 2022, you may have created waiver. Seek legal advice.

    • Property subsidized with federal funds
    • Fannie Mae or Freddie Mac loan
    • Even one Section 8 voucher holder in multi-unit complex - entire property is subject to Section 4024 of CARES
    • Attorneys recommend serving a 30/30 for the debt – a 30-day Notice of Termination with Cause with a 30-day right to cure instead of the usual 14-day cure period

    This column offers general suggestions only and is no substitute for professional legal counsel. Please consult with an attorney for advice related to your specific situation.

    Rev 9.2022

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Contact ORHA (click here)
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The Oregon Rental Housing Association (ORHA) is a non-profit educational landlord association -- ORHA Board Members, Mentors, Staff, and/or other related ORHA affiliates do not give legal advice. Please be advised that any information provided  is no substitute for professional legal counsel and any advice or guidance given does not constitute legal advice.  Please consult an attorney for legal advice related to your specific situation.

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