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Roger
Roger, Lawyer
Category: Real Estate Law
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Tenant has received a felony conviction since renting hereShe

Customer Question

tenant has received a felony conviction since renting here
She has a lease. Can she be terminated based on that. Oregon
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
It is possible depending on the provisions of your lease. If the lease specifically says that the landlord has this right, then he/she can. Also, the following statute outlines a landlord's right to terminate a tenant convicted of a crime.
Oregon Statute 90.445 says:
Termination of tenant committing criminal act of physical violence. (1) If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault or stalking against a household member who is a tenant, after delivery of at least 24 hours’ written notice specifying the act or omission constituting the cause and specifying the date and time of the termination, the landlord may:
(a) Terminate the rental agreement of the perpetrating tenant, but may not terminate the rental agreement of the other tenants; and
(b) If the perpetrator of the criminal act of physical violence related to domestic violence, sexual assault or stalking continues to occupy the premises after the termination date and time specified in the notice, seek a court order under ORS 105.128 to remove the perpetrator from the premises and terminate the perpetrator’s tenancy without seeking a return of possession from the remaining tenants.
(2) A landlord that terminates the tenancy of a perpetrator under this section may not require the remaining tenants to pay additional rent or an additional deposit or fee due to exclusion of the perpetrator.
(3) The perpetrator is jointly liable with any other tenants of the dwelling unit for rent or damages to the premises incurred prior to the later of the date the perpetrator vacates the premises or the termination date specified in the notice.
(4) The landlord’s burden of proof in a removal action sought under this section is by a preponderance of the evidence. [2007 c.508 §3]