Oregon Residential Landlord Tenant Act – Flashcards
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Notice to terminate a week-to-week tenancy must be given at least _______ before the termination date.
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10 days
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Notice to terminate a month-to-month tenancy must be given: by the tenant at least ______ before the termination date.
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30 days
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Notice to terminate a month-to-month tenancy must be given by the landlord: at least ______before the termination date, during the first year of occupancy. at least _____ before the termination date, after the first year of occupancy.
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30 days first year 60 days after first year
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If the tenancy is for a fixed term of at least one year and by its terms will become a month-to-month tenancy after the fixed term:
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at any time during the fixed term, either party may terminate the tenancy without cause with written notice at least 30 days before the later of the specified fixed term ending date or the termination date specified in the termination notice. after expiration of the fixed term, at any time during the month-to-month tenancy, the landlord may terminate the tenancy without cause only with written notice at least 60 days prior to the termination date.
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60-day notice requirements do not apply, and a landlord may terminate a month-to-month tenancy at any time with 30-days notice, if the landlord:
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has accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends to occupy the dwelling unit as his primary residence; and provides the notice and written evidence of the purchase offer to the tenant within 120 days after accepting the offer.
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Within _____ after termination of the tenancy and return of the premises to the landlord, the landlord must return the unclaimed deposit to the tenant and provide the tenant with a written accounting of the portion of the deposit not returned.
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31 days
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A landlord may charge a tenant a fee for each occurrence of the following:
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A late rent payment A dishonored check Removal or tampering with a properly functioning smoke alarm or smoke detector The violation of a written pet agreement or of a rule relating to pets in a facility The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause, not to exceed 1.5 times the monthly rent. However, the landlord may not recover unpaid rent for any period of the tenancy beyond the date he knew or reasonably should have known of the abandonment or relinquishment or recover damages related to the cost of renting the dwelling unit to a new tenant. Noncompliance with written rules or policies, not to exceed $50, for: late payment of a utility or service charge that the tenant owes the landlord failure to clean up pet waste, from a part of the premises other than the dwelling unit failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit parking violations improper use of vehicles within the premises
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To dispose of the property, the landlord must first personally deliver or mail a written notice to the tenant at the premises, any post office box held by the tenant and known to the landlord and the most recent forwarding address known to the landlord, in an envelope marked "Please Forward." This notice will inform the tenant that the property is considered abandoned and will be disposed of on a specified day (which is at least five days after the date the notice is delivered or eight days after it is mailed). If the tenant responds within that time indicating an intent to reclaim the goods, the landlord may not dispose of the goods until 15 days after the response.
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After giving notice, the landlord must store the property in a place of safekeeping, which may include a commercial storage company. He would be entitled to reasonable costs related to the transfer and storage of the property. The property will be considered abandoned unless the tenant responds to the notice in writing by the date specified in the notice and removes the property by that date or within 15 days from the date of his response, whichever is later. If the tenant does remove the property, the landlord is entitled to recover the storage and removal costs. The landlord may sell some or all of the abandoned property at a public or private sale and destroy or dispose of those items which are worth less than $500.
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The following persons who perform property management and leasing activity are exempt from the requirement for any real estate license:
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An individual employed by a broker or property manager and acting as a real estate manager so long as his activities are limited to negotiating rental or lease agreements; checking tenant and credit references; the physical maintenance of the real estate, tenant relations and the collection of rent; discussing financial matters relating to management of the real estate with the owner; and the supervision of premises' managers (i.e., resident managers)
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The following duties mentioned above are affirmative duties that according to ORS 696.890 may not be waived, even with the agreement of the property manager and owner:
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To deal honestly and in good faith To disclose material facts To exercise reasonable care and diligence To account in a timely manner for funds To act in a fiduciary manner in relation to trust funds To be loyal to the owner To disclose any existing or contemplated conflicts of interest To advise the owner to seek expert advice on matter beyond the scope of the property manger's expertise To maintain confidentiality
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If, within three banking days after a tenant or prospective tenant has given him a check for rent, tenant's security deposits or fees, the tenancy fails for any reason, the property manager may return the check without first depositing and processing it through his clients' trust account, provided he:
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retains a photocopy of the check and a dated receipt for the check in his required records of property management activity records the amount of the check, the dates of receipt and return of the check on the ledger maintained for prospective tenants who do not become tenants.
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f a property management agreement is terminated for any reason, the property manager must provide to the owner and tenants notice of the termination and, within 60 days after the effective date of termination, disburse all unobligated funds and all obligated funds and provide the owner with a final accounting of the owner's ledger accounts.
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If a tenant's termination of tenancy occurs simultaneously with or prior to termination of his management, the property manager must complete any final accounting, inspection or other required procedures, unless the owner otherwise directs in writing.
