tenant

What If A Tenant Doesn’t Move Out In Time?

One of the top problems a landlord can have is when a tenant doesn’t move out in time.

Sadly, this has happened more frequently in recent years but the good news is that there is a process landlords can follow to professionally resolve this situation.

In this article, we will provide you with tips you can use for dealing with tenants who don’t move out in time.

What is a Holdover Tenant?

A holdover tenant is a renter who stays in a rental property after the lease expiration date. If they refuse to leave or do not have your express permission, they are a holdover tenant, and you can evict them. However, accepting rent payments means the holdover tenant can legally remain in the property.

How long can a tenant stay after the lease expires? The answer depends on whether you decide to accept rental payments from them. Accepting rent payments after the lease expiry date means you and the tenant enter an informal lease agreement. Sometimes, this arrangement can be advantageous for you and the tenant.

However, in most cases, holdover tenancies are rarely in a landlord’s best interests. They typically give more rights to tenants with fewer responsibilities. In cases where you continue to accept rent payments from a holdover tenant, state and local laws determine the lease terms. More often than not, you must give a 30 to 60-day notice for them to vacate the unit.

When a tenant stays on after a formal lease agreement ends, one of two types of holdover tenancies comes into force.

Tenancy at sufferance

A tenancy at sufferance means the tenant stays on after the lease expires without your permission. Also called a “holdover tenancy,” you typically must end this type of tenancy with a formal eviction. However, the tenant must still comply with the lease terms, and you must give the required notice to leave.

Should you accept monthly rent payments from a holdover tenant? It is best not to accept rent payments if a tenant refuses to leave the unit. Taking rent — unless it’s for unpaid rent under the original lease terms — can derail the entire eviction process.

Accepting rental payments after a tenant has outstayed their welcome can be viewed as entering a month-to-month lease.

Tenancy at will

A tenancy at will is when you do not renew the lease but allow the tenant to remain in the property. Usually, you or the tenant can end the informal agreement by providing proper notice. An “at-will” holdover tenant must continue to pay rent and adhere to the lease terms.

Local state laws define the “tenancy at will” lease terms. The fixed-term lease usually converts to a month-to-month lease if you continue accepting rent payments. However, it’s vital to remember that landlord-tenant laws still apply without a formal agreement. This includes adhering to the terms of at-will tenancies.

Therefore, you may still have to give the required notice to evict them for a lease violation.

Suppose the tenant stops paying rent or commits another lease violation. In that case, you can serve a notice to “cure or quit” to give the tenant time to resolve the issue. After the required notice period, you can start eviction proceedings and refuse to accept rental payments. However, the holdover tenancy remains in force if you continue to take payments.

Lake Oswego Property Management

Periodic tenancy agreement

Compared to an “at-will tenancy,” a periodic tenancy can offer greater protection to a tenant. This type of lease has no fixed term and remains in place until you and the tenant agree to terminate the agreement. A disadvantage of a periodic lease for landlords is that increasing rent is difficult.

In all cases, it is crucial to understand local landlord-tenant laws before taking action. Local laws dictate how to act if a tenant doesn’t move out in time and the appropriate notice requirements. These also depend on the type of “holdover” tenancy agreement in force.

Why Hasn’t the Tenant Moved Out?

It is incredibly frustrating when a tenant doesn’t move out in time. But to avoid these situations, it’s a good idea to find out why the tenant hasn’t left. Sometimes, the tenant doesn’t move because they need help finding a new place. Or they could be challenging an eviction notice.

Apart from the most delinquent tenant, it is usually possible to avoid situations where a tenant stays after the lease expires. Avoiding having holdover tenants in a rental unit can ensure you get regular rental income and avoid the cost and time of eviction hearings.

Here are a few reasons tenants don’t move out on time and what you can do about it.

Lack of clear communication with tenants

A common reason tenants don’t move out on time is a need for clarity in the rental agreement. The agreement should have a lease renewal clause stipulating what happens after a lease ends. Therefore, the rental agreement clarifies your expectations and what the tenant must do.

For example, the tenancy could become a month-to-month tenancy after the lease expiration date. Or you could state that the tenant must vacate the premises if they don’t renew the lease.

It’s also good to send advance notice that a lease renewal letter is approaching. This gives the tenant time to think about how they should act. And they have plenty of time to look for a new place if they plan on vacating the apartment.

Renew the lease early

You can often avoid holdover tenants by renewing leases early and giving them adequate notice. For example, although a 30 or 60-day notice is common, you could have a 90-day notice clause. This gives the tenant time to look for a new apartment during the current rental period.

However, always check with local and state rental laws about what constitutes proper notice.

4 rent local

The tenant ignores the lease expiry date

Some tenants chance their luck and hope to move to a monthly tenancy after the fixed-term lease ends. Even with months of notice, they may decide they love your unit so much they remain after the lease expires. But how long can they stay after the lease expiration date?

You have two options. First, you could let them become holdover tenants on a month-to-month lease. This may be possible if they are responsible tenants. However, your ultimate aim should be to renew a formal lease.

The second option is eviction. After the lease expires, you should send a notice to quit. Then file an eviction order at the local court and stop accepting rent payments.

The tenant disagrees with the eviction notice

The worst-case scenario is when a holdover tenant ignores the notice of eviction. They may have appealed the decision and refused to vacate the premises. In the first case, you must wait on the court ruling. However, if they don’t leave after a final decision, you can call the local sheriff and forcefully remove them.

How to Remove a Holdover Tenant

Removing a holdover tenant is a challenging process. But it must be done if they don’t move out on time after their lease has expired. Depending on the reasons for holding over after the lease expiry, you have several options, ranging from a friendly chat to a complete eviction.

Ask them to leave

Communication is always the first step when resolving issues with problematic tenants. Explain the lease terms, the notice you gave them, and any other relevant facts. Because staying after the lease expiry date is a violation, you can start eviction proceedings.

Most tenants realize an eviction is a black mark on their rental history, making it harder to find a new apartment. Additionally, seeking debt collection for unpaid rent could remain on their credit report for seven years and hit their credit score.

Depending on the tenant, you could ask them to leave within a few days. Or you could offer a tenancy at will for one month while they organize their affairs.

Cash for keys

You can offer a tenant “cash for keys” to leave if they don’t move out on time. This involves proposing to give them a cash sum if they turn over the keys on a specific date. The cash incentive could get the tenant out fast, avoiding a lengthy and costly eviction process.

How can you get a holdover tenant out with a “cash for keys” offer? Here are a few tips:

  • Start with a lowball offer of around 10% of the monthly rent
  • Arrange a date they will move their belongings out
  • On the arranged date, inspect the property and ask them to resolve any property damage or cleanliness issues
  • When you are satisfied everything is in order, get them to sign a document relinquishing their tenancy
  • Hand over the cash
  • Change the locks immediately

Remember, even with a cash-for-keys resolution, and you must still return the security deposit in line with state laws. For example, if necessary, you can deduct unpaid rent or the cost to repair property damage.

Source – Bigger Pockets

Contact us 

At 4 Rent Local, we offer full service property management that saves owners the time, money and hassle of managing their properties themselves.

To learn more about the services that we can offer you, contact us today by clicking here.

REALTOR REFERRAL - 4 Rent Local

 

Senate Bill 611: Changes to Maximum Allowable Annual Rent Increases

2023 has been a tough year for Oregon tenants as rents continue to increase statewide. In a move to curb rising rental costs and protect the rights of tenants, Governor Kotek has signed Senate Bill 611.

This bill introduces significant changes to how the maximum allowable annual rent increase percentage is calculated for residential tenancies in the state.

In this article, we will break down SB 611 and provide more information so that housing providers and tenants both know how it will affect Oregon’s rental market.

Understanding SB 611

Under SB 611, the maximum allowable annual rent increase percentage is calculated based on two criteria. The landlord must adhere to the lesser of the following:

Ten percent; or Seven percent plus the September annual 12-month average change in the Consumer Price Index for All Urban Customers.

This calculation ensures that landlords cannot impose exorbitant rent increases on tenants and provides a fair and reasonable approach to balancing the interests of both parties.

tenant screening questions

There Will Be Limitations on Rent Increases

SB 611 also introduces limitations on how often a landlord can increase the rent during a tenancy. Apart from week-to-week tenancies, landlords are now prohibited from increasing the rent more than once within any 12 months. This provision aims to provide stability and predictability for tenants, ensuring that they are not subjected to frequent and potentially unaffordable rent hikes.

Effective Immediately

It is essential to note that SB 611 took effect immediately upon Governor Kotek’s signature. As such, it applies to all notices of rent increase delivered on or after July 6, 2023. Landlords and tenants should familiarize themselves with the new legislation and ensure compliance with its provisions.

In addition to the changes introduced by SB 611, it is worth noting that the bill seeks to address the issue of affordable housing and the challenges faced by renters in the current market. By implementing stricter regulations on rent increases, the aim is to create a more stable and affordable rental market for tenants across the state.

Conclusion

Senate Bill 611 brings significant changes to the calculation of the maximum allowable annual rent increase percentage for residential tenancies in the state.

By introducing limitations on rent increases and providing a fair calculation method, the bill aims to protect tenants from excessive rental costs while ensuring landlords can still maintain their investments. Housing providers and tenants must familiarize themselves with the new legislation and seek legal guidance when needed. With the implementation of SB 611, the state takes a step towards creating a more stable and affordable rental market for all parties involved.

While SB 611 outlines the key changes to maximum allowable annual rent increases, housing providers and tenants must seek legal advice for specific situations. Consulting a legal professional, or property manager, can help clarify any uncertainties and ensure that both parties understand their rights and obligations under the new legislation.

Thankfully, working with a licensed property manager like 4 Rent Local can help because, a property manager stays on top of the changing rental market, including the latest laws, so owners can rest easy and enjoy passive income.

To learn more about the property management services that we can offer you, contact us today by calling (503) 447-7788 or click here to connect with us online.

 

Request A Quote - 4 Rent Local

Rent Portland Homes Professionals - 4 RENT LOCAL

 

 

Oregon Landlord Tenant Handbook 2022-2023

Are you searching for the latest Oregon landlord-tenant information for 2022-2023? If so, you’ve come to the right place!

In this article, we will share with you the most up-to-date landlord-tenant information that you can use for growing your rental property business in all the local cities and neighborhoods in the Portland Metro area.

landlord tenant

Oregon Landlord Tenant  – Rights and Duties of Landlords

From the moment that you rent your property to a tenant; you enter a landlord-tenant relationship with them. This means that the tenant has a variety of rights that are recognized under the law, and they must be respected.

One of the most common rights that every tenant in Oregon landlord-tenant has is the right to be notified at least 24 hours in advance that the landlord is going to enter their rental property.

This notice should be placed on the door of the rental property so that the tenant knows that they have ample time to prepare for the landlord’s arrival. If the tenant is not notified, failure to comply with this rule is one of the most common reasons why landlords and tenants end up in court.

Habitability:

It is your responsibility to provide a home that is habitable and to make repairs when needed.

You must equip the residence with a properly working smoke and carbon monoxide detector and provide the initial set of batteries if it is battery operated.

By renting your property to the tenant, you give that tenant the right to possess and use your property, free from interference.

You may not enter frequently, at odd hours or without a legitimate reason or without notice

You cannot lock a tenant out:

The only exception to the no lockout rule is when a tenant who can demonstrate they have been the victim of domestic violence, stalking, or sexual assault asks to have the perpetrator tenant locked out of the unit where the victim of the crime continues to live.

As a Oregon landlord tenant, you are also responsible for observing federal, state, and local fair housing laws.

Discrimination:

You cannot discriminate against a tenant for having children, because of their disability, or because of their religion, race, sex, ethnic background, sexual orientation, or gender identity.

When a tenant is applying to rent, you also cannot consider a tenant’s past eviction case that they successfully defended.

You cannot discriminate against a tenant because they were a victim of a domestic violence, sexual assault, or stalking crime.

For more information about your fair housing duties, visit the Fair Housing Council of Oregon.

It is also illegal to retaliate against a tenant by raising the rent, shutting off utilities, or trying to evict the tenant because they complained to you or a public agency about habitability conditions, discrimination, or other violations of the law, or because the tenant joined or formed a tenant’s organization.

Security Deposit Return:

You must account for or refund to the tenant any security deposits after the tenant moves out. You must give the tenant a written accounting that states specifically why you kept a portion or all the deposit within 31 days of the rental agreement. If you do not comply with this requirement, the tenant can sue you for twice the amount of the deposit.

Notices to Terminate the Tenancy

To end a month-to-month tenancy during the first year of the tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days’ notice and payment of relocation costs is required for no-cause terminations. The tenant may also terminate the tenancy with a 30-day written notice. A week-to-week rental period requires a 10-day notice.

If your tenant has lived in the dwelling for more than a year, you cannot terminate the tenancy for no cause unless you have a “qualifying landlord reason.” Qualifying landlord reasons are:

  • You intend to demolish the dwelling unit or convert it to non-residential use, or
  • You intend to do repairs or renovations which would render the unit unsafe, or
  • You intend to move yourself or a close family member into the unit, or
  • You have accepted an offer to purchase the dwelling unit from a person who intends to occupy it.

A fixed-term tenancy of less than one year will automatically convert to a month-to-month tenancy after the expiration of the fixed term unless the landlord has given a notice of termination at least 30 days prior to the end date stated in the rental agreement.

In Portland, Oregon landlord tenant must still give at least 90 days’ notice of intent not to renew a fixed-term tenancy. You cannot end a fixed-term tenancy early unless you have cause to end it, such as a violation of the lease by the tenant.

If a tenant (or someone in the tenant’s control) threatens to or inflicts substantial personal injury to a person on the property or neighbor, intentionally inflicts substantial damage to the property, or commits an act that is outrageous in the extreme, you may give the tenant a 24-hour notice to leave

The notice must be in writing in a special legal form.

The notice must explain the reason for termination, and it must be delivered personally to the tenant or mailed to the tenant by first class mail only. If a notice is mailed, you must add three days to the notice time. (The additional three days does not include the date of mailing.)

The legal form of the notice must be correct in all details to be enforced in court.

More

Oregon Landlord Tenant – Rights And Duties of Tenants

When you rent a house or an apartment, you enter a legal contract with someone. With this contract begins what is known as a landlord-tenant relationship. As a tenant, you have certain rights and responsibilities. First, you have the right of exclusive possession, which means that even though the landlord owns the property, you generally have the right to your privacy. No one may invade your “home” without legal authority. As such, your landlord must give you at least 24 hours notice before entering the property unless there is an emergency, unless you have requested repairs or maintenance (without designating certain dates and times), or unless the contract permits the landlord to enter the grounds (but not the dwelling unit) for yard maintenance.

Your landlord may enter the property after advance notice to make inspections, make necessary repairs, supply necessary services, or to show the property to prospective buyers or work people. If reasonable, you may deny your oregon landlord tenant permission to enter; however, you must act reasonably. Just as the landlord cannot abuse the right of access to harass you or enter at unreasonable times, you cannot withhold your permission to enter to hinder or interfere with the landlord’s exercise of his or her rights and responsibilities.’

More

Contact Rent Portland Homes – Professionals

At 4RentLocal.com/Rent Portland Homes – Professionals, we specialize in managing single-family and multifamily properties across the entire Portland Metro Area.

Owning local rental properties has only gotten more complicated since COVID-19. Thankfully, having an experienced property manager managing your investment property will save you the time and hassle of DIY management while ensuring that your property is rented for top dollar.

To learn more about the property management services we can offer you, or for a property management quote, contact us today by clicking here or calling (503) 447-7735.

4 RENT LOCAL

 

 

4rentlocal

4RentLocal.Com! – A Destination for Landlords and Tenants in Portland Metro Area

Welcome to 4RentLocal.com, your source for rental market news and information for Portland Oregon landlords, and tenants in the Portland metro area.

Our team has over 10 years of local property management experience and we will provide you with the best news information regardless of if you’re a local landlord who is looking for tips on how to get the best return on investment from their rental property or a tenant who is looking for their next rental property in the Portland area.

The rental market has changed over the last two years and more renters are moving out of Portland to surrounding communities like Beaverton, Hillsboro, and other local areas so that they could still be close to Portland, but not live in the big city.

Investors know this, and along with out-of-state investors, they are now searching for investment properties in the greater Portland metro area because they know that tenants want more flexibility regarding where they live, and they want to have a lifestyle instead of just having a life.

As the rental market has changed in Portland, you can count on our property management team to provide you with the most useful news information that you can use to get the best return on investment from your local rental property.

4rentlocal Helps You Stay Up To Date With Local Rental Market News And Information 

In the 2020s, it’s more critical than ever before for investors, and landlords, to be up to date with what’s happening in the local rental market because, not being up to speed with the latest laws, rules, and regulations affecting Portland landlords can cost the landlord thousands of dollars.

The same is true for tenants, tenants now have more rights in the state of Oregon than ever but, they must be aware of those rights to have stability and Peace of Mind at their rental properties.

This blog will share with you the most useful information that you can use as a tenant which will help you to find the right rental property and start a great relationship with a landlord that will last for 12 months or longer.

Regardless of if you rent or own a rental property in Portland, you need an excellent resource of local knowledge, fed by property managers who understand the market including the latest trends, changes, and news that affects the Portland rental market on a day-to-day basis.

We Know The Portland Oregon Rental Market 

Our team is based in Beaverton OR, and for more than 10 years, we’ve provided excellent property management service to local landlords regardless of if they own single-family or multifamily properties in Portland, or surrounding areas. 

As the rental market has changed, our property management company has only continued to grow because more landlords are choosing our services than ever before instead of continuing to manage the rental properties themselves.

If you like the articles that you find on this blog, we invite you to comment and share them with your social media networks, friends, and followers.

We invite you to explore our site, connect with us on Facebook by clicking here or call us at (503) 447-7735 to learn more about the services and solutions that we can offer you.

4 RENT LOCAL