What To Know About ORS 90.392

There’s no cure for the common cold, but what about for a rental violation? Oregon Ordinance 90.392 (ORS 90.382) now provides new guidance on handling (and curing) lease violations.

If you’re a Portland landlord with the good fortune to have no problem tenants so far, you might not have run into the laws surrounding curing a rental violation. But for landlords who have to deal with tenants who break their lease, stop paying rent, or materially violate their lease in any other way—which tends to be everyone, eventually—then you may have heard of violation cures. However, ORS 90.382 has updated how landlords must handle lease terminations in cases when curing the violation may be possible.

Here’s what to know about what curing a violation entails, whether your tenants may be eligible, and how to handle these situations. If you’re in the unfortunate position of dealing with tenants who have broken their lease, this is the guide for you.

When Can You Terminate A Rental Agreement?

The first thing to remember is that Oregon and Portland restrict the cases in which you can terminate a rental agreement. For instance, you can only end a rental agreement for no cause during the first year of your tenants’ residency—however, a no-cause termination cannot be cured. 

The following cases are considered qualifying landlord reasons to terminate a lease, as per the Oregon State Bar: 

• Intended repairs or renovations will make the unit unsafe to live in.
• You intend to demolish the dwelling or convert it to non-residential use.
• You plan to move yourself or a close family member into the unit.
• Someone has purchased the dwelling unit from you and they intend to occupy it.

In these cases, a tenant will not have the ability to cure a rental violation since the termination does not result from their actions. These reasons can be used to terminate a lease even after the first year of a tenant living in your unit.

However, when you terminate a lease due to some wrongful action on your tenant’s part, they may be legally eligible to cure the violation. Those cases are as follows:

• A material violation of the lease or rental agreement. This may include nonpayment or late payment on rent, utility charges, or service fees. 
• A material violation of tenant duties.
• Failure to pay more than the current month’s rent. 

So what happens if you terminate your tenant’s lease, and they want to appeal the violation? Let’s dig into that next. 

What Does Curing a Rental Violation Mean?

The first step is understanding when, why, and how a tenant can cure a rental violation. So here’s the situation: firstly, your tenants have violated their rental agreement. This may be related to noise complaints, unauthorized changes to the unit, damage, or unpaid rent. When this happens, you may have the legal cause to terminate a rental agreement. But with ORS 90.392, your tenants may have the right to try and cure the rental violation to avoid losing their housing. 

When curing a rental violation, your tenants must address the issues which resulted in a breach of their lease in the first place. ORS 90.392 states that tenants can cure a violation through “a change in conduct, repairs, payment of money or otherwise.” So if your tenant damages your property, they may be able to pay for the repairs to avoid terminating their lease. 

When issuing a notice to terminate a lease, you must be sure to include specific information:

• Specify the tenant’s violation.
• Provide 30 days’ notice of the termination of the rental agreement except in certain circumstances. In week-to-week rental cases, that period must be no less than seven days.
• Provide information on how the violation can be cured, if applicable, including the date by which it must be cured.
• If the violation can be cured, the period in which the tenant can cure the breach must not be less than 14 days.

One thing to keep in mind: this ordinance does not apply to rental agreements for manufactured or floating homes. If you’re renting out a manufactured or floating home, see ORS 90.630.

What Are The Exceptions to Curing a Rental Violation With ORS 90.392?

Sometimes, your tenant may not be eligible to try and cure their rental violation. This is primarily relevant if tenants violate their lease twice in six months or less, at which point they waive the right to cure a lease violation. 

Let’s say that your tenants decide to paint their walls without permission and violate their lease. Then, less than six months later, you find that they’ve once again painted their walls. At that point you can terminate your tenant’s lease under section 90.392, and your tenants cannot cure the violation to avoid eviction. In this case, the designated termination date stated in the notice must be not less than ten days after delivery of the notice.

Tenants Breaking Their Lease? Get Help Now

Dealing with troublesome tenants is one of the most stressful parts of being a landlord. Some people are lucky enough to go years with tenants who take excellent care of their rentals and always pay on time. Others might experience a run of bad tenants who make the entire property management process a hassle. And even with the best of tenants, running a rental isn’t easy. You still need to stay on top of regular maintenance, keep an eye on your ROI, and stay updated on the area’s changing rental legislation and ordinances. 

It might seem impossible for your rental business to be profitable and stress-free at the same time, but we’re happy to offer a solution. At Rent Portland Homes by Darla Andrew, we handle all the details of your rental unit, so you don’t have to worry about a thing. From rent collection, repairs, or dealing with tenants who violate your lease, we make sure your rental is run to the highest standards. We’d love to hear from you if you have questions or want more information! Reach out at any time on our website or by call or text at 503.515.3170. Talk to you soon!