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Updated about 2 years ago on . Most recent reply
Buying triplex with tenants, unsafe units.....
Hello, I am a new here, I am purchasing a triplex with current tenants that has been there for decades, after inspection we found out that the units are not safe to stay with many major issues, roof leaks, subfloor in bathrooms very soft, electrical panels that has been recalled decades ago and many other..... please let me know from your experience what is a shortage time frame I can remove tenants, or if they stay with standard 90 day notice how could I avoid the liability in case something happens.
please advise..... thank you
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There are exceptions within SB 608 that would allow units needing repair and are "inhabitable" that allow you to give notice. Since this is a triplex, you would not be liable for relocation fees unless you own other properties too.
Copy & Paste off page 2 and 3 of Enrolled Senate Bill 608:
(C) The landlord has a qualifying reason for termination and gives notice as specified in subsections (5) to (7) of this section. (5) [Notwithstanding subsections (3)(c) and (4)(b) of this section,] The landlord may terminate a month-to-month tenancy under subsection (3)(c)(B) of this section at any time, or may terminate a fixed term tenancy upon the expiration of the fixed term under subsection (4)(c) of this section, by giving the tenant notice in writing not less than [30] 90 days prior to the date designated in the notice for the termination of the month-to-month tenancy or the specified ending date for the fixed term, whichever is later, if: [(a) The dwelling unit is purchased separately from any other dwelling unit;] [(b) The landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and] [(c) The landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.] (a) The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time; (b) The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and: (A) The premises is unsafe or unfit for occupancy; or (B) The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations; (c) The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or (d) The landlord has: Enrolled Senate Bill 608 (SB 608-INTRO) Page 2(A) Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and (B) Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase. (6)(a) A landlord that terminates a tenancy under subsection (5) of this section shall: (A) Specify in the termination notice the reason for the termination and supporting facts; (B) State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and (C) At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent. (b) The requirements of paragraph (a)(C) of this subsection do not apply to a landlord who has an ownership interest in four or fewer residential dwelling units.
Not an attorney or giving legal advice here. But familiarize yourself with this bill if you're going to invest in Oregon!
- Cory Carlson
- (503)222-0282
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