Event Schedule:
February 25: New land use code and how to take advantage of it
April 14: Building department processes and timelines / bank loans and mortgages
June 3: Landlord tenant law
July 22: Construction, energy, tenant incentives
WORKSHOPOVERVIEW
August 26: New land use code and how to take advantage of it Q & A
October 7: HUD and other assistance programs and how to use them
November 11: Topic to be determined by event participant feedback and questions
All events will be held at 6 PM at Wild River Pub, 533 NE F St. Pizza and drinks will be provided.
GRANTS PASS, OR – In response to the current low supply of housing and high rent amounts in Grants Pass, AllCare Health, in collaboration with the Grants Pass & Josephine County Chamber of Commerce, Mid Rogue Foundation, The City of Grants Pass Housing Advisory Committee, Common Connections, and Rogue Gateway Rotary, is pleased to announce a series of informational events aimed at encouraging the development of rental properties.
These events are designed for small developers, builders, property owners, and individuals interested in learning more about rental properties. Topics will include construction, loans, ownership, management, and incentives. Various professionals currently working in these areas will present information and answer questions to support and encourage efforts to build rental properties. For questions, please contact Doug Walker at 541-660-2178
THEOPPORTUNITY
Mission Vision
Our mission is to demystify the building process and provide paths to navigate and collaborate with the governing departments for successful housing construction projects.
We envision community members collaborating with area contractors or becoming owner-builders to help increase the number of housing units in our community.
WHERETOBUILD
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HowtofindtotheCityofGrantsPassMapViewer: VisittheCity’swebsiteatwww.grantspassoregon.gov
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“Landlord and Tenant Law”
Presented
by
Real Estate Property Management Professional
Kristina Jones Dodd
at C21 JC Jones American Dream
1. Principle One – But Did You Document It?
a. The Key to Successful Land lording is to document everything
i. Application Requirements, make sure you have a WRITTEN APPLICATION CRITERIA. Provide a copy to all potential applicants
1. Make sure that you follow the criteria and nothing on the criteria is opposed to Fair Housing or Landlord/Tenant Law (more on those to follow).
ii. Agreements between Landlord and Tenant should be in writing. Your RENTAL AGREEMENT should always be complete and signed by all occupants over the age of 18 and all homeowners; one homeowner is not enough if there is more than one on the deed.
iii. Condition of Property prior to tenant moving in. Take a multitude of Photos and even videos that are all date stamped. These are not marketing photos. Take pictures of EVERYTHING! Inside the fridge, the tracks of the windows, detailed pictures of the flower beds, you will need these photos when tenants move out, you can’t require that they clean better than the original clean and you want PROOF.
1. Provide tenants with a condition report so that they can mark where the scratches are, etc. Require that it be turned in within 5 days of move in. Make sure tenant has signed.
iv. Keep copies of all notices ever given to tenants; all notices should be in writing. Keep proof of mailing when applicable. We use certificate of mailing from the post office; it provides proof of the date and address mailed to, and courts accept it as proof of delivery.
Essential Principles for New Landlords in Oregon
v. Keep a written ledger showing the amount of rent and security deposit due as well as the date of receipt and type of payment, and which tenant paid it.
vi. Keep everything the tenant ever sent you. Find a way to keep your text messages and emails and keep them all together. Make sure to notate the date the tenant returned the keys.
ix. Document the costs it takes to return the rental to pre-move in condition.
x. Keep proof that you accounted for the security deposit in a timely manner.
2. Principle Two - Fair Housing.
a. Federal Fair Housing became law in 1968 with the Civil Rights Act.
b. What is a protected class?
i. a group of people who are legally shielded from discrimination based on shared characteristics, such as race, age, gender, religion, or disability.
c. What are the Federal Protected Classes and what does discrimination “look like”?
i. Race
1. Discrimination against, or preference for persons based on ancestry and ethnic background. This includes groups like White, Black/African American, Asian, Native American, Native Hawaiian, and Pacific Islander.
2. Discrimination often comes with stereotypes, i.e. One group is harder working than another, one group is lax about paying rent on time.
3. Be careful, some of these stereotypes are so strong that we believe them to be the truth without any examination.
ii. Color
1. Discrimination against, or preference for persons based on skin tone.
2. Fair Housing violations in this area tend to be in the form of steering, the mistaken belief that housing providers are able to decide what neighborhood would be best for a particular tenant.
iii. National Origin
1. Discrimination against, or preference for persons based on a person’s birthplace, ethnicity, ancestry, culture, or language. Courts have also defined National Origin to include citizenship status.
2. Fair Housing violations of National Origin often come in the form of inquiring about citizenship status, or not having a way for someone without a social security number to apply.
iv. Religion
1. Discrimination against, or preference for persons based on religious beliefs or practices.
2. Often seen in advertising. “Close to XYZ church” is a tacit announcement that you are looking for someone who attends XYZ church.
v. Familial Status
1. Discrimination against families with children, pregnant women, or those adopting.
2. Rules that affect families with children such as no tricycles on the porch or no toys in the front yard.
3. The ONLY exception for this is in 55+ communities, which have jumped through all the hoops to make them 55+.
a. Interesting side note: Even in a 55+ community you cannot discriminate against a pregnant woman who is otherwise allowed due to her age. Her baby cannot live there, but to require that she leave due to pregnancy would be discriminatory.
vi. Disability
1. Discrimination against those with a disability, including discrimination against types of disability aids.
2. Refusing reasonable accommodation requests. Such as:
a. Allowing tenants to put up shower bars,
b. Emotional Support Animals
c. Closer parking
3. Reasonable accommodation letters can be signed by anyone (including a parent of minor residents) who has knowledge of the person’s disability and how the person is aided by the requested accommodation.
4. As a landlord, it must be enough that a person with knowledge of the needs of the disabled resident considers the accommodation to be reasonable, you do not have the right to question what the disability is.
5. You do have the right to turn down accommodation requests that aren’t reasonable, such as widening all the doors and lowering kitchen cabinets to better serve a wheelchair user, but you may have to prove that the request is a burden. Don’t even try it with animals. 
1. Federal Law defines sex not only as biological sex, but also as gender preference and sexual orientation.
2. The ONLY exception to this is if the rental being advertised will involve the sharing of a communal bathroom. Otherwise, not preference for one gender/expression over another is allowed
d. Oregon has Four additional Fair Housing Protected Classes
i. Marital Status
1. Preference for or discrimination against potential tenants based on whether they are married or not. This includes civil unions.
2. Don’t even ask, use words such as applicant 1 and applicant 2
3. Most commonly found in landlords who only charge 1 application fee to a husband/wife pair because their long-term relationship means that everything is the same for both.
4. Also seen in choosing people who are perceived as “a couple” rather than “roommates” with the notion that roommates will have more tenancy changes.
ii. Source of Income
1. Discrimination against potential tenants based on whether they receive rental assistance or if their income is from student loan programs, or any other legal and ongoing source of income
2. Discrimination may be seen in insistence that rent be paid in full with only one payment – Those on rental assistance pay a portion themselves, and the program pays the rest, leaving at least two payments for the month. You can still insist that all payments be made within the grace period.
3. Once again, this comes from the mistaken impression that all (XYZ are the same) Some students are full of drama, leave the apartment a mess and would rather pay for lattes than rent, but some students are quiet, excellent housekeepers and are very responsible, you can’t paint all students with one brush.
iii. Sexual Orientation/Gender Identity/
1. Federal Fair Housing laws also cover this, but Oregon’s is older, so it is still on the books for Oregon.
2. Some of the Oregon Fair Housing literature have these lumped together; newer literature has them as separate categories.
3. Suffice it to say, the way a person expresses their gender and who they love is not something a landlord can consider when choosing tenants.
iv. Domestic Violence Victims
1. Oregon landlord-tenant law provides that victims of domestic violence, sexual assault, or stalking cannot be discriminated against. Landlords may not evict, threaten to evict, fail to renew the rental agreement/lease, increase the rent, decrease services, or refuse to enter into a rental agreement with someone who is a victim of any of the above
2. The most common discrimination is holding a victim responsible for damage done to an apartment by the perpetrator.
3. The next most common is refusing to take the perpetrator off the lease when there is a restraining order, often because the perpetrator is considered the more financially stable one.
3. Principle Three – Understanding Oregon Landlord/Tenant Law
a. Serving Notice to Tenants
i. There are 3 basic ways to serve notice to tenants
1. Mail.
a. Must be first class mail, cannot be registered mail or anything requiring signature.
b. Use the post office’s certificate of mailing to provide proof that mailing happened and to whom the letter was mailed.
c. You need to add 4 days to the time line to account for mailing time.
d. Oregon law has great respect for the US mails and it is assumed that if it is mailed then the tenant received the notice
2. Actual Notice
a. This is personal delivery to any tenant in the household i. Be prepared to provide proof that the notice was delivered. I typically have tenant initial my copy of the notice or I take a picture of deliver
b. Vocal notice is OK but difficult to prove. And you want to be able to prove everything.
b.
Timelines:
3. Posting Notice
a. Posting notice is only allowed if:
i. It is written in the rental agreement that posting is allowed
ii. The rental agreement also states the location that tenant can post notices to you.
b. Must mail notice the same day as posting, but does not require the 4 day mailing timeline.
4. Email email is iffy
a. Can only serve notice via email if there is an addendum written AFTER the move in of the tenant allowing for email notification
b. The addendum also needs to include how the tenant can notify the landlord by email
c. The addendum must allow for the tenant to terminate the email addendum with three-days written notice
d. The notice must also be sent via US Mail the same day.
i. Oregon Landlord tenant laws have specific timelines written in for example:
1. Note that with the exception of the 24-hour notice, the day of service is not counted as a day and all days end at 11:59 p.m.
2. 24-hour notice. A FULL 24 hours is required before the landlord, his/her agent, or someone under the landlord’s direction comes onto the part of the property that is for exclusive use of the tenant (note, the rental agreement should state exactly what parts of the property are under exclusive use of the tenant).
a. Exception: Emergency when waiting the 24-hours would cause damage to the property. I.e. a sewage backup, broken windows, gas leak, fire etc. A minor leak under the sink managed by a bucket does not constitute an emergency.
b. If the tenant has made a repair request within one week, the tenant should still be notified of the repair schedule, but a full 24-hour notice is not required.
c. If you, or someone you direct breaks this rule, your tenant is entitled to one month’s rent for every single violation.
3. 90-day notice to increase rent
a. Rent cannot be increased in the first year, the notice can go out during that time, but the increase has to be at least one year from the start of rental.
b. Unless the original certificate of occupancy is less than 15 years old, rent increase cannot be more than 7% plus consumer price index, with a maximum of 10%/
i. The State of Oregon makes the announcement at the end of September each year what the maximum rent increase for the following year is allowed.
c. If your tenant receives rental assistance, don’t forget to notify the rental assistance agency as well.
d. No more than 1 rent increase in a 12-month period
e. If you break this rule the tenant can also claim damages, including three months' rent and actual damages, plus attorney fees and court costs if the landlord violated the law. Plus, the rent increase is invalid.
4. 10-day notice to pay or vacate
a. Used when tenant hasn’t paid rent
b. Can’t be sent until the 8th day
c. If rent is due on the first and still unpaid on the 8th, then 10-day notice can be given. The 8th doesn’t count as day 1, the following day does so the 9th is day one and the 18th is day 10. If you mail you need to add 3 days (plus day of service) so the 21st is the date that rent must be paid and the earliest you can file for eviction.
d. If you break this rule, you will lose the eviction and have to pay all legal fees.
5. 31-days is the limit you have to provide for security deposit accounting to your tenants.
a. The timeline starts the day that the tenant delivers possession, generally when keys are returned.
b. If you miss this deadline, you have to refund twice the amount of the security deposit paid by the tenant.
c. Vacating Tenants, when it’s time to say goodbye
i. 30-day notice: Used only when the rental agreement is a month-tomonth agreement, and the tenancy has been in place for less than 1 year.
1. This type of notice does not need a stated cause.
ii. 90-day notice: For tenancies over 1 year There are 4 landlord stated reasons that you can remove a tenant of over 1 year:
1. You or a family member intend to occupy the rental as your personal residence.
2. There is only one rental on the tax lot and the property is being sold to someone who will use the home as their primary residence
a. The sales contract must be in place before the notice is given
b. Proof of the sale must be provided
3. The landlord intends to repair or remodel the property, and the home is not habitable during the repairs.
a. This is more than new carpeting or paint, and more than replacing the toilet or cabinets. The home must be uninhabitable for a length of time (time length not specified in the law which means the courts can say it is whatever they want it to be)
4. The landlord intends to change the property from residential to some other type of property
a. Changing from residential to commercial
b. Demolishing the building all together Lease violations or not keeping tenant requirements in Oregon law
1. In addition to non-payment of rent above
2. In most cases this would require a notice of violation, commonly referred to as the 14/30
a. The notice must be specific what the violation is
b. It must specify how the tenant can cure the problem
c. It must allow time for tenant to cure the problem (14 day minimum)
d. If tenant does cure the problem, the notice is cured
i. If a tenant repeats the SAME problem in the next 6 months, the tenant has 10 days to move out and there is no cure.
e. If the tenant does not cure the problem, then the tenant has to move out by day 30.
f. Again, keep in mind the notice timelines and mailing timelines depending on how you serve the notice.
3. Currently there is no provision for repeat offenders, in monthto-month agreements, who do something different each time a. i.e. dog poop this month, inoperable vehicle next time, broken windows, or unpaid late fees next time
b. There is a bill before the Oregon house allowing for a 3 strikes law on month-to-month agreements.
4. For all of the above, messing up the method of delivery, timeline, or notice makes the notice void, and your tenant may be entitled to 3 times the rent and attorney fees.
d. Habitability
i. Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;
ii. Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;
1. A water supply approved under applicable law that is:
2. Under the control of the tenant or landlord and is capable of producing hot and cold running water;
3. Furnished to appropriate fixtures;
4. Connected to a sewage disposal system approved under applicable law; and
5. Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;
iii. Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;
iv. Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;
v. Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
vi. Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;
vii.
viii
Floors, walls, ceilings, stairways and railings maintained in good repair;
Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;
ix. Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1)
x. A carbon monoxide alarm, and the dwelling unit:
1. Contains a carbon monoxide source; or
2. Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;
xi. Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises that the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for those locks that require keys; or
xii. For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:
1. Provide cooling in at least one room of the dwelling unit, not including a bathroom;
2. Conform to applicable law at the time of installation and are maintained in good working order; and
e.
3. May include central air conditioning, an air-source or groundsource heat pump or a portable air conditioning device that is provided by the landlord.
xiii. The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;
2. The agreement does not diminish the obligations of the landlord to other tenants in the premises; and
3. The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.
TenantResponsibilities:
i. Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.
ii. Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.
iii. Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386 (Definitions for ORS 459.386 to 459.405), the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.
iv. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
v. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.
vi. Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm
viii. vii.
provided by the landlord and notify the landlord in writing of any operating deficiencies.
Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.
A tenant may not:
1. Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 (Tampering with carbon monoxide alarm) or 479.300 (Removing or tampering with smoke alarm or smoke detector prohibited).
2. Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
3. Remove, obstruct or tamper with a sprinkler head used for fire suppression
Notes/ Q & A
ORGANIZERS-SPONSORS
AllCareHealth,GrantsPass&JosephineCountyChamberofCommerce,Mid RogueFoundation,CommonConnections,RogueGatewayRotary, CityofGrantsPass&HousingAdvisoryCommittee
Gerlitz Engineering Consultants Grants Pass, OR 97526 info@gerlitzengineering.com | (541) 244 2617 CALL OUT FOR: LAND USE PLANNERS REAL ESTATE BROKERS focused on DEVELOPMENT CONTRACTORS
CONNECT with the ORGANIZERS to be added to our Referral List: Info@BuildThatRental.com
City of Grants Pass Community Development
101 NW A Street Room 202
Grants Pass, OR 97526
Ph: 541-450-6060
Hours
Monday - Friday 8 a.m. - 5 p.m.
https://www.grantspassoregon.gov/174/Community-Development
Josephine County Planning Dept 700 NW Dimmick, STE C
Grants Pass, OR 97526
Ph: 541-474-5421
Hours
Monday - Friday 8 am - 12 pm / 1:00 pm - 5 pm
https://www josephinecounty gov/departments/community development/planning/index php
