The Oregon Legislature has passed new protections for renters in HB 2001 (2023). Under the new laws, renters have important rights that can help protect from eviction because of nonpayment of rent, fees, or other money owed to a landlord. These new rights include:
• Termination notices for nonpayment of rent must give at least 10 days for renters to pay the late rent and stay in their homes.
• If renters are able to pay their overdue rent after a court case has started, but before the trial, the eviction must be dismissed.
• If landlords prevent renters from paying their rent in any way, including by refusing to work with a rent assistance provider, renters have a defense to evictions for nonpayment.
Termination notices for nonpayment of rent must give at least 10 days to pay
Under the new law, renters who rent month to month or have a lease have a right to at least 10 days’ notice before a landlord can evict for nonpayment of rent. 72-hour notices are no longer allowed for any tenancy other than week-to-week tenancies. If a renter pays the late rent in full during the 10-day notice period, the landlord cannot file an eviction based on the unpaid rent. If a landlord gives a 72-hour notice for nonpayment of rent, renters may have a legal defense to an eviction case.
Renters can pay overdue rent after an eviction case has started
Even if a landlord has already started an eviction case, renters now have the right to pay their overdue rent and get the eviction case dismissed. Landlords no longer have the right to refuse a rent payment just because the time to pay stated on the nonpayment notice has passed. Renters have until the time of their trial to pay their landlord the amount of rent that is due on the termination notice.
Landlords cannot refuse to work with rent assistance providers
If a landlord refuses to work with a rent assistance provider, and as a result a renter can’t pay rent, renters have a defense to an eviction that is based on nonpayment. If a landlord prevents a renter from paying rent in other ways, renters may also have a defense.
Legal Help is Available!
If you are being taken to eviction court because of nonpayment, and you think your landlord is not following the law, you should contact the Eviction Defense Project right away. You can call the Eviction Defense Project at 888-585-9638 and leave a message Monday-Friday from 9-1PM. Or you can fill out a web form at https://oregonlawcenter.org/eviction-defense-project/ at any time.
If you would like to talk to an attorney about your rights, you can find contact information for a legal aid office near you at https://oregonlawhelp.org/find-legal-help.
More resources are here:
Renters' Rights to Redemption (Late Payment) - https://oregonlawhelp.org/resource/renters-rights-to-redemption-late-payment
Notice Handout - https://oregonlawhelp.org/resource/eviction-notices
Setting Aside a Default Judgment in an Eviction Case - https://oregonlawhelp.org/resource/setting-aside-a-default-judgment-in-an-eviction-case