Purchasing a property that is at the moment occupied by tenants is not unusual. If you are planning to live it and make it your primary residence, you have one of the four qualifying reasons under SB608 allowing you to ask the tenants to vacate. Here’s our top tips for converting a rental into your primary residence during the Covid-19 pandemic.
The below lines are not intended to be legal advice. If you’re seeking legal advice, please consult a licensed attorney. That being said, here is my opinion of the complicated cocktail of SB608, HB4401 and COVID 19 that we are currently experiencing.
If the tenants at the property you are making your primary residence are on:
1) Month to month tenancy or fixed term tenancy and have been living there for more than 1 year
- You can proceed with “Landlord-caused” eviction
- Serve a 90 day notice, like this one. (fixed term tenancies to terminate upon expiration of the term)
- check qualifying reason 4 (owner accepted offer to purchase)
- provide a proof of the accepted offer
- If you have more than 4 residential dwelling units, you have to pay relocation fees of one month rent (non-Portland)
- For Portland relocation assistance program info go here.
2) Month to month or fixed term tenancy and have been living there for less than 1 year
- The law states that “landlord-caused” evictions are allowed after the first year of occupancy, but doesn’t specify if they can be used during the first year of occupancy. There is no legal precedent for this option.
- If the “first year of occupancy” ends between April 1, 2020 and August 31, 2021, the “first year of occupancy” is extended for the purposes of a termination notice to mean a period lasting until August 31, 2021.
- The moratorium currently expires on 6/30/21. The safe route is to wait till 7/1/2021 and serve a 30 day termination / non-renewal notice (non-Portland), like this one.
- In Portland, use a 90 day notice, landlord-cause notice. For relocation assistance program info go here.
We highly recommend maintaining an open communication channel with your tenants. Good relationships between you and them are the best way to avoid conflicts and misunderstandings – converting a rental to your primary residence during Covid doesn’t have to be a nightmare!
If you have any questions or need assistance, please feel free to reach out to us.
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