Oregon Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

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.

If it would be safer for a victim of domestic violence to break their lease and move elsewhere, Oregon has a law (ORS 90.453) that allows this options for individuals who find themselves in this situation. However, it does require the tenant to give their landlord two weeks' notice before doing so.

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 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.

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.

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 for Unlawful Detainer - Tenant Holding Over After Expiration of Term