Oregon Eviction Ban Extended For Residential But Not Commercial Tenants

Tonkon Torp LLP

Tonkon Torp LLP

On September 28, Governor Kate Brown issued Executive Order 20-56. Citing the ongoing COVID-19 pandemic and the recent state wildfires, the Order extends the existing ban on eviction of residential tenants for non-payment of rent until December 31, 2020. The existing ban, enacted by the State Legislature in House Bill 4213, was due to expire on September 30.

Late fees and other financial penalties for non-payment are also prohibited. Moreover, the Order prohibits no-cause evictions through December 31 of residential tenants not otherwise protected by Oregon’s 2019 rent control law.

Commercial tenants, however, are not so fortunate. House Bill 4213 protected them from eviction for non-payment of rent also, but that moratorium has not been extended. Starting October 1, 2020, commercial tenants can be evicted for non-payment of rent. But keep in mind that in the near term, any eviction must be for non-payment of rent due on or after October 1, since House Bill 4213 gives residential and commercial tenants alike until April 1, 2021 to pay rent that accrued on or before September 30. Read more about House Bill 4213 at our earlier blog post here.

Residential tenants have other, overlapping protections as well. Tenants of single-family homes owned by Fannie Mae are protected against eviction for non-payment of rent through December 31, 2020 by a federal moratorium. And residential tenants in Multnomah County cannot be evicted for non-payment through January 8, 2020 under a County order.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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