In response to COVID-19, many Executive Orders and laws have been enacted to address the challenges that have arisen as a result. Some of which respond to renters and homeowners struggling to make payments due to the national pandemic emergency.
Among the many Executive Orders is one related to evictions – both residential and non-residential. Governor Kate Brown issued a moratorium on evictions for non-payment of rent due to the Coronavirus or for no-cause evictions. On April 1, 2020, the Governor issued Executive Order 20-13, a temporary moratorium on certain evictions and terminations of rental agreements and leases.
During this moratorium, landlords of both residential and non-residential properties in Oregon cannot, for reason of nonpayment, terminate any tenant’s rental agreement or lease; take any action, judicial or otherwise, including, without limitation, filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere in any way with such tenant’s right to possession of the tenant’s dwelling unit or leased premises. This Executive Order remains in effect for 90 days from April 1, 2020, unless extended or terminated earlier by the Governor.
The moratorium is applicable only in cases related to nonpayment. Based on eviction restrictions related to COVID-19, landlords dealing with a non-monetary default should take clear, affirmative steps to terminate a lease in strict compliance with all applicable requirements. Landlords should consult with a lawyer about compliance.
If you own your home, the federal CARES Act, signed into law on March 27, 2020, provides relief options for all federally or GSE-backed mortgages. Under the CARES Act, homeowners with federally backed mortgage loans affected by COVID-19 can request and receive forbearance from mortgage payments for up to 180 days, and then request and obtain additional forbearance for up to another 180 days. The homeowner must contact their loan servicer to request a forbearance. The covered period appears to be during the emergency or until December 31, 2020, whichever is earlier.
As the impact of COVID-19 continues to unfold, we anticipate additional direction, orders and extensions as necessary.