Oregon Landlord Bankruptcy Clause

State:
Multi-State
Control #:
US-OL28042
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that in the event the tenant becomes a debtor under Chapter 7 of the federal Bankruptcy Code and the Trustee of the tenant's property or the tenant elects to assume the lease for the purpose of assigning the same or otherwise, such election and assignment may only be made if all of the terms and conditions are satisfied. If such Trustee shall fail to elect or assume the lease within sixty (60) days after the filing of the petition, the lease shall be deemed to have been rejected.


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FAQ

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see Oregon bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

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.

Starting March 29, 2023, the key changes to Oregon's eviction laws include: Termination Notices for nonpayment of rent must now give at least 10 days to pay. Renters have the option to pay overdue rent even after an eviction case has started. Landlords are not allowed to refuse to work with rent assistance providers.

The allowable annual rent increase in 2024 is 10.0%. Only one rent increase may be issued in any 12-month period. The allowable rent increase percentage for the previous year, 2023, was 14.6% if the increase was issued before July 6th, or 10.0% if issued after July 6.

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.

Renters who rent month-to-month or have a lease must get at least 10 days' notice before a landlord can evict them for not paying their rent. If a renter pays the full late rent during the 10-day notice period, the landlord cannot file an eviction for unpaid rent.

ORS 90.453 ? Termination by tenant who is victim of domestic violence, sexual assault or stalking.

Under the new laws, renters have important rights that can help protect from eviction because of nonpayment of rent, fees, or other money owed to a landlord. These new rights include: Termination notices for nonpayment of rent must give at least 10 days for renters to pay the late rent and stay in their homes.

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Oregon Landlord Bankruptcy Clause