Phil Querin Q&A - Military Personnel and Landlord-Tenant Law

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April 27, 2017
Phil Querin
MHCO Legal Counsel
Querin Law

Question. Recently I learned that a resident/homeowner in our community had entered the military and was in basic training.  The serviceman's partner is living in their home in our manufactured home community.  The partner came to speak with me about selling their house as the partner will be moving to whatever base the serviceman is assigned, when basic training is completed.  They are thinking they will sell in September. We don't know whether the Oregon Landlord-Tenant Law has any special provisions for service members. What can you tell us?

 

 

 

Answer.  There are several that come into play:

 

 ORS 90.475 (Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration) provides that:

  • A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is:

(a)Enlisting for active service in the Armed Forces[1] of the United States;

(b)Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period that will exceed 90 days;

(c)Terminating active service in the Armed Forces of the United States;

(d)A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and: (A) Ordered to active service outside the area for a period that will exceed 90 days; or (B) Terminating the duty and moving outside the area within the period that the member is entitled by federal law to the storage or shipment of household goods; or

(e)A member of the commissioned corps of the National Oceanic and Atmospheric Administration ordered to active service outside the area for a period that will exceed 90 days.

  • Termination of a rental agreement is effective on the earlier of:
  1. A date determined under the provisions of any applicable federal law; or (b)     The later of: (A) 30 days after delivery of the notice; (B) 30 days before the earliest reporting date on orders for active service; (C) A date specified in the notice; or (D) 90 days before the effective date of the orders if terminating duty described under subsection (1)(d)(B) of this section or terminating any active service described in this section.
  • A tenant who terminates a lease on account of the reasons listed above is not: (a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or (b) Liable for any rent beyond the effective date of the termination.
 


[1] "Armed Forces of the United States" means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United States. 

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