You’ve heard the term: No-Cause Evictions. But what exactly is a no-cause eviction? Who can get one? And are you at risk?
We are here to translate the term and let you what you can do should you find losing your home without a given reason.
What is a no-cause eviction?
If you have a month to month rental agreement, either the landlord or the tenant can terminate a rental agreement at any time without giving any reason for the termination.
A tenant has to give the landlord 30 days written notice of the termination. If the tenant has lived in the same unit for less than a year, a landlord also has to give 30 days’ notice. In Portland, it is currently 90 days notice for all no-cause evictions.
For the rest of Oregon, if the tenant has lived in the same unit for more than a year, the landlord must give 60 days’ notice. A termination notice is not the same thing as an eviction. If the tenant moves out by the termination date stated on the termination notice, there is no eviction process and there will be nothing negative on the tenant’s rental record.
The tenant is still responsible for paying rent during the final 30, 60, or 90 days, unless the tenant paid last month’s rent when first moving in.
What can you do?
Many people think that a landlord has to have a reason for terminating their rental agreement. Unfortunately, that’s not true. In Oregon, a landlord can legally terminate a month-to-month rental agreement without giving any reason. (If the tenant has a fixed-term lease — for example, a one year lease or a six month lease — then the landlord can only terminate for a given cause.) However, there are some cases in which a landlord cannot terminate a rental agreement without cause. A landlord cannot terminate a rental agreement if:
- The landlord is retaliating against a tenant for making a request for repairs or other complaint related to the tenancy
- The landlord has a discriminatry reason for terminating the tenancy
- The landlord has failed to give sufficient notice of the intent to terminate the tenancy (often a landlord will only give 30 days’ notice even if a tenant has lived in the unit for more than a year).
If you think that your landlord is terminating your tenancy for an illegal reason, or that you did not receive proper notice, you should contact a lawyer, the Oregon State Bar referral service , or your local legal aid office.
It’s important to move quickly: do not wait until the day that your rental agreement terminates to talk to a lawyer!