Eviction Moratorium

On June 30, 2020, House Bill 4213 which was passed during a special session of the Oregon Legislature went into effect and bans all residential and commercial evictions for non-payment of rent through September 30, 2020.

This replaces Governor Brown's earlier eviction moratorium executive orders. 




Please see below for more information.


What does the eviction moratorium mean?

The Legislature passed HB 4213 on June 26, 2020. Under the new law, no landlord in Oregon is allowed to do any of the following things until October 1, 2020:

  • Give a termination notice for nonpayment of rent, fees, utilities, or other charges

  • Charge a late fee or penalty for nonpayment

  • Give a termination notice without cause (unless the landlord has sold the rental to someone who plans to move in)

  • Start an eviction case based on nonpayment

  • Start an eviction case based on a termination without cause

  • File for noncompliance with a stipulated agreement in eviction court if the eviction was based on nonpayment or a termination without cause

  • Report a tenant to a credit agency for nonpayment of rent or a late fee 

 

Is rent deferral possible?

Yes, rent deferral is possible.

Any rent that came due between April 1, 2020, and September 30, 2020, must be paid by March 31, 2021. Starting on October 1, tenants need to pay their rent each month under the terms of the rental agreement. But tenants have six months to pay back rent that built up before October. Starting in October and after, a landlord can evict a tenant for not paying rent under the terms of the rental agreement but cannot evict a tenant for not paying any rent that was deferred between April 1 and September 30. A landlord will have to wait until April 1, 2021 to evict a tenant for not paying rent that came due during the eviction moratorium. 

If I am a tenant and cannot pay my rent, what do I need to do?

Under the new law, a landlord can give the tenant a notice saying how much rent the tenant owes and will have to pay back by March 31, 2021. Starting October 1, 2020 a landlord can also give a notice to the tenant requiring that the tenant tell the landlord within 14 days if the tenant plans to use the six-month grace period to pay back any rent owing.

It is extremely important that tenants respond to this notice. If a tenant does not tell the landlord that they plan to use the six-month grace period to pay back the deferred rent, the landlord can charge the tenant half a month’s rent as a penalty.

Tenants can notify their landlord that they plan to use the six-month grace period by text, email, letter, or verbally. But tenants should be sure to keep a record of all of their communications with their landlords about their rent repayments.

Do you have a sample letter that I can use to send to my landlord?

Legal Aid Services of Oregon has created a sample letter. It is available to download. (Scroll to the final page for the template.)

Can Iate fees be charged on the past due rent?

No late fee may be charged or collected for rent that is deferred according to the conditions of HB4213.

Resources for tenants with questions about their situation:

Legal Aid Eviction Updates Statewide
Summary in English
Cartel en español


Oregon Law Center/Lane County Legal Aid
Legal representation (may just be advice) regarding evictions, landlord/tenant disputes, expungements, domestic violence, immigration, etc. Call (485-1017) and apply over the phone. Intake staff will call you back and interview for eligibility and follow-up.

Springfield Eugene Tenant Association (SETA):
https://www.springfieldeugenetenantassociation.com/
A voice message hotline is available at: 541-972-3715. They have a small volunteer team and it may take a few days to reply.

Oregon Law Help:
https://oregonlawhelp.org/

McKenzie/Holiday Farm Fire Information -

Non-emergency call center at 541-682-3977

www.lanecounty.org/mckenziefire