Oregon Complaint regarding double rent damages for holdover

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Multi-State
Control #:
US-01621
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.

Month-to-Month Evictions ? Oregon renters must be given 30 days to move out when a month-to-month lease is ended or 90 days in the city of Portland. It's important to know that even if the landlord wins an eviction lawsuit they cannot remove the tenant from a rental, law enforcement must.

Time Limit Warning/Statute of Limitations Most lawsuits related to rental agreements, or the Landlord and Tenant Act, must be filed (started in court) within one year. The time limits under fair housing law may be longer. There may be other, sometimes shorter, time limits that apply in other cases.

Non-Renewal of the Lease after the Rental Period Ends ing to Oregon law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not commit a violation, they can stay until their lease period ends.

In Oregon, a tenant can end a fixed-term lease early without penalty if one of several conditions are met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.

If a tenant stays in the same rental after the lease is up, which is called becoming a ?holdover? tenant, the rental converts to a month-to-month tenancy. If there's a written rental agreement, the security deposit paid by the tenant must be noted. Security deposits include any last month's rent deposit.

In Portland, a landlord 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.

SB 608 limits the percentage in which a landlord may increase the cost of rent in any 12-month period. The limitation only applies if the dwelling unit has been certified for occupancy for 15 years or longer.

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Oregon Complaint regarding double rent damages for holdover