Oregon Release of Landlord, Waiver of Liability, and Assumption of all Risks of Personal Bodily Injury and Damage to Property Use of Owner's Property

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Multi-State
Control #:
US-00891BG
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Description

A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release acts as some assurance to the person requesting the release that he/she will not be subjected to litigation resulting from the person giving the release. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
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FAQ

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.

In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that's supposed to be maintained by the landlord, the landlord is likely liable.

Termination of the Lease The tenant must give the landlord notice of their intention to move out within 90 days of the event causing the need to move. The notice must be given to the landlord at least 14 days before the tenant intends to move out.

Landlords may terminate a month-to-month tenancy without cause only during the first year of occupancy. During the first year, the landlord can give the tenant a 30-day notice to terminate.

When the term indemnity is used in the legal sense, it may also refer to an exemption from liability for damages. Indemnity is a contractual agreement between two parties. In this arrangement, one party agrees to pay for potential losses or damages caused by another party.

House Bill 4401. Oregon lawmakers passed House Bill 4401 (HB 4401) on December 21, 2020. This Bill extended the emergency period under HB 4213 until December 31, 2020 and extend the eviction moratorium in certain circumstances to June 30, 2021.

An indemnity contract is a legal arrangement between two parties in which one party agrees to pay another party for a loss or harm that meets certain requirements and conditions unless other circumstances are specified.

What about tenant notice? Tenants must currently give 21 days notice of their intention to terminate a tenancy. This will change to 28 days.

Indemnification is the assumption of another party's liability under a contract, such as a lease. Therefore, under an indemnification clause, tenants typically agree to reimburse the landlord, or pay directly, all losses, claims, suits, liability, and expense related to a liability situation.

When a landlord fails to use reasonable care to protect their tenants, they can be held liable for the negligent or intentional criminal conduct of a third party.

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Oregon Release of Landlord, Waiver of Liability, and Assumption of all Risks of Personal Bodily Injury and Damage to Property Use of Owner's Property