Fixed Term Tenancies Length – Termination – New Documents

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Upon reaching the ending date, fixed term tenancies will automatically renew to a month-to-month tenancy upon the same terms and conditions (except duration and rent).

In order to renew or extend a fixed term tenancy, (and avoid rolling into a month-to-month tenancy), the landlord must submit the proposed new lease agreement to the tenant at least sixty (60 days prior to the end of the lease term. The landlord is to include with the proposed lease agreement a written statement summarizing the new or revised term, conditions or rules and regulation.

If the landlord fails to submit a proposed new lease agreement the tenancy renews as a month-to-month tenancy.

The new or revised terms, conditions, rules and regulations must:

  1. Fairly implement an existing statute or ordinance adopted after the creation of the existing agreement.
  2. Be the same as those offered to new or prospective tenants.
  3. Be consistent with the rights and remedies provided to tenants under ORS Chapter 90.
  4. Not relate to age, size, style, construction material or years of construction contrary to ORS 90.632(2)Not require an alteration of the manufactured dwelling or accessory, building or structure.

The tenant must accept or reject the proposed new rental agreement at least thirty (30) days prior to the end of the lease term.

If the tenant fails to accept or unreasonably rejects the proposed new lease agreement, the fixed term tenancy terminates on the last day of the lease term without further notice.

If the tenancy terminates for failure to renew by the tenant, and the tenant surrenders and delivers possession of the premises to the landlord, the tenant is entitled to substantially the same rights and responsibilities as a lien holder under ORS 90.675(18) (the abandonment statute) except that the term of the storage agreement may not exceed six (6) months. (Note: this is not technically an "abandonment" the lien holder's rights are delayed until the end of the tenant's storage agreement.)

Fixed termed tenancies entered into before the effective date of this 2001 Act are not made invalid because their duration is less than two years. However, upon renewal or extension in accordance with the Act, the lease agreement must comply with minimum two (2) year requirement.