Renting a home that was foreclosed in Oregon: your rights

Your rights as a renter in Oregon, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. A Notice to Residential Tenants before the sale

   At least 120 days before the sale

   The notice of sale must be served on the occupants at least 120 days before the trustee's sale, and it must include a separate Notice to Residential Tenants with the sale date, your rights after the sale, and contact information for the Oregon State Bar and free legal help. It warns that the sale date can be postponed.

   ORS 86.771(10), 86.774(1)

3. The new owner must tell you who it is within 30 days

   Within 30 days after the sale

   The buyer must give each unit a written notice of the change in ownership within 30 days after the sale, with the sale date, the buyer's name, address and phone number, your rights as a bona fide tenant and where to get legal help. It can be handed to you, mailed, or mailed and posted on your door.

   ORS 86.782(5)

4. Oregon's minimum move-out notice

   30 or 60 days after a written termination notice

   Under Oregon law a buyer must give a bona fide tenant with a fixed term lease 60 days' written notice, or 30 days if the buyer will live there as a primary home, and a month to month or week to week tenant at least 30 days. If the notice is mailed, 3 days are added. The federal 90 days still applies to bona fide tenants, and a mistake in the Oregon notice steps is a defense in the eviction case.

   ORS 86.782(6)(c), (6)(g), (8)

5. Rent and repairs after the sale

   Until the buyer becomes your landlord

   The buyer becomes your landlord, with a landlord's duties, if it accepts rent from you, signs a new rental agreement, or does not send a termination notice within 30 days after the sale. Until one of those happens, the state's required notice says you do not owe the buyer rent and it is not responsible for repairs. Ask the buyer in writing whether it is your landlord and where to pay, and keep a record of every payment and letter.

   ORS 86.782(5)(d), (9)(a)

6. Court only: no lockouts or utility shutoffs

   Any time

   The buyer must use the court eviction process under ORS 105.100 to 105.168, with the official complaint form, and must attach proof that it served the termination notice. Even before it becomes your landlord, the buyer may not lock you out or cut off heat, water, electricity or other essential services; if it does, you can recover up to two months' rent or twice your damages.

   ORS 86.782(6)(c), (6)(f), (9)(c); ORS 90.375

7. Your security deposit

   Ask your old landlord right away

   A foreclosure buyer is not responsible for returning a deposit you paid before the sale, unless it later becomes your landlord, and then only for a deposit paid after the sale. That means you usually need to ask your former landlord for it. Under Oregon law a landlord must account for and return a deposit within 31 days after the tenancy ends and you give up possession.

   ORS 86.782(10); ORS 90.300(12), (13)

Common questions in Oregon