Tuesday, March 5, 2019

Statewide Rent Control in Oregon Means New Renter Forms: Order Yours Here

Multifamily NW has new forms available for Oregon rental properties.

Click here to preview and download the order form. 

Fill out the attached form and send to Multifamily NW by email or fax.

  • Blank printed forms should be available by the end of this week or early next week.
  • The forms can be mailed to you, or you can make an appointment to pick them up from Multifamily NW’s offices.

List of Updated Forms 
This forms update is in response to the passing of Oregon Senate Bill 608, which was signed into law effective immediately on Thursday, February 28, 2019, and created statewide rent control.

M001 OR Rental Agreement
Language was changed under “Tenancy” on page one to make the agreement a true “fixed term” so that an end of tenancy notice can be used during the first year of the occupancy. The space for the amount of the early termination fee was removed, and the early termination language was revised to tie into the new Section 4. Section 4 was changed to give the Owner/Agent the option of charging an early termination fee or “actual” damages. The election can be made when the resident leaves. The resident no longer has the right to leave by simply paying the early termination fee. Section 5 was changed to require the resident to give at least 30 days’ written notice of their intent to leave at the end of a fixed term that expires during the first year of the occupancy since the new law no longer requires such notice from the resident. Section 6 was changed to reflect the conversion of a fixed term to month-to-month under the new law.

M201 OR Single Family/Condo/Multiplex Rental Agreement
Language was changed under “Tenancy” on page one to make the agreement a true “fixed term” so that an end of tenancy notice can be used during the first year of the occupancy. Section 5 was changed to require the resident to give at least 30 days’ written notice of their intent to leave at the end of a fixed term that expires during the first year of the occupancy since the new law no longer requires such notice from the resident. Section 6 was changed to reflect the conversion of a fixed term to month-to-month under the new law.

M011 OR Notice of Rent/Monthly Charges Increase
Checkboxes were added for an Owner/Agent to claim the exemptions to the maximum rent increase of 7% plus CPI.

M019 OR End of Tenancy Notice - First Year of Occupancy Only (MTM or Non-Renewal of Lease)
This notice is now used only during the first year of the occupancy. The section for later terminations has been removed. PLEASE NOTE: The previous version of this notice will still be available as well. The previous version is to be used only when terminating a fixed term tenancy that existed on or before February 28, 2019, and the termination is occurring at the end of its term.

M049 OR 90-Day End of Tenancy Notice - First Year of Occupancy Only (MTM or Non-Renewal of Lease)
This notice is now used only during the first year of the occupancy and only in local jurisdictions that require more than 30 days’ notice (Portland and Milwaukie city limits). The section for later terminations has been removed. PLEASE NOTE: The previous version of this notice will still be available as well. The previous version is to be used only when terminating a fixed term tenancy that existed on or before February 28, 2019, and the termination is occurring at the end of its term.

M065 OR Renewal Offer/Rent Increase Notice
Checkboxes were added for an Owner/Agent to claim the exemptions to the maximum rent increase of 7% plus CPI. Also, the word “rent” was added after “parking” and “storage” to clarify that these are also “rent” for purposes of the 7% plus CPI ceiling.

M067 OR Fixed-Term Renewal Offer - At End of First Year of Occupancy Only (No MTM Option) This notice can now only be used for a fixed term that expires at the end of the first year of occupancy since rent cannot be increased during the first year of the tenancy. After the first year of the occupancy, if the Resident does not accept the offer of a new fixed term, the agreement automatically rolls to month-to-month, and Owner/Agent cannot refuse to renew a fixed term rental agreement without cause.

M083 OR Termination For Cause (90-Day Notice of Non-Renewal/Termination of Fixed-Term Tenancy for Repeated Violations of Rental Agreement) NEW FORM! - This is a new form that allows termination at the end of a fixed term if the Owner/Agent has issued three or more violation notices (can include 72 hour and “for cause” notices that the resident cured) in the 12 months preceding the end of the fixed term. WARNING: Each violation notice used to support this termination notice must: (a) be in writing; (b) served at the time of the violation; (c) specify the violation; and (d) contain the following language: “The conduct described above is a violation of your rental agreement. Owner/Agent may choose to terminate your tenancy at the end of the fixed term if there are three or more violations within a 12-month period preceding the end of the fixed term. Correcting the third or subsequent violations is not a defense to termination under ORS 90.427(7).” 

M084 OR 90-Day Termination For Cause - Qualifying Owner Reason (For Terminations Issued After First Year of Occupancy)
NEW FORM! - This new form allows termination under a limited set of circumstances as identified in the notice. In most cases, Owner/Agent must pay the tenant one month's rent with the notice. The payment requirement does not apply if the Owner has an ownership interest in 4 or fewer dwelling units. There is a checkbox on the form to claim this exemption.

M085 OR Termination Without Stated Cause - Owner Occupied Property with Two or Fewer Dwellings (For Terminations Issued After First Year of Occupancy) 
NEW FORM! - This form can only be used when the rental unit is in the same building or on the same premises as the Owner’s primary residence. It is used only after the first year of the occupancy. During the first year of the occupancy, use form M019 or M049 as applicable.

M015 OR 144-Hour Notice of Termination for Nonpayment of Rent 
M016 OR-WA Notice of Parking Violation 
M017 OR Notice of Noncompliance 
M020 OR 72-Hour Notice of Termination for Nonpayment of Rent 
M021 OR 24-Hour Notice of Termination
M023 OR Notice of For Cause Termination
M029 OR Notice of Termination for Nonpayment of Rent (HOME Program)
M031 OR Notice of Violation-Failure to Pay Money 
M040 OR Notice of Violation
M041 OR Notice of Tampering with Alarm/Detector
M042 OR-WA Notification of Balance Due
M081 OR 10-Day Pet Violation-First Notice

These notices have a new "Warning Notice" section. The warning language was added so these notices can be used to support a 90-day termination using the new Termination For Cause (M083).


No comments:

Post a Comment

Thanks for your comment!