Oregon Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Oregon's abandoned property notice under ORS 90.425(3) is the written notice a landlord must give a former tenant before storing, selling or disposing of personal property left on the premises, delivered personally or by first class mail to the premises, any post-office box the landlord knows of, and any forwarding address. Subsection (5) lists what it must state, and the landlord is responsible for the abandoned property from the start under subsection (2).

2. 2

   Three events start the section under subsection (2): the tenancy ended by termination, expiration, relinquishment or abandonment and the landlord reasonably believes the tenant left the property with no intention of claiming it; the tenant has been absent seven days after a court-ordered termination that has not been executed; or the landlord received possession from the sheriff following restitution under ORS 105.161. In that last case the landlord may not require storage charges before releasing the property.

3. 3

   The specified date for contacting the landlord is not less than 5 days after personal delivery or 8 days after mailing for ordinary goods and recreational vehicles, and not less than 45 days after delivery or mailing for a manufactured dwelling or floating home. A tenant, lienholder or owner who responds by that date must be given access by appointment for 15 days, or 30 for a dwelling or home. Silence past those dates makes the property conclusively presumed abandoned under subsection (9).

4. 4

   For a recreational vehicle, manufactured dwelling or floating home, subsection (4) requires copies of the notice to any lienholder, any owner who is not the tenant, and for a dwelling or home the tax collector and the assessor of the county where it sits. Lienholders must be served by first class mail and certified mail with return receipt requested, at every address actually known, of record, or given to the landlord by certified letter within the preceding five years.

5. 5

   Under subsection (10)(b) the landlord may destroy or otherwise dispose of the property instead of selling it if a manufactured dwelling or floating home has a current market value of $8,000 or less as determined by the county assessor, a recreational vehicle is worth $4,000 or less, or other property has a reasonable current fair market value of $1,000 or less or is so low that storage and a public sale would probably cost more than they would bring. If the landlord expects to use that route, the notice must say so.

6. 6

   Storage follows subsection (7). A dwelling or floating home stays on the rented space; other property goes to a place of safekeeping, which may be the unit, elsewhere on the premises or a commercial storage company, with reasonable care. Rotting food may be disposed of promptly, and animal control may remove abandoned pets or livestock. The landlord may charge reasonable or actual storage and removal costs, but for a dwelling or home no more than the monthly space rent last payable.

7. 7

   Sale proceeds follow subsection (13): the cost of notice, storage and sale and unpaid rent come off first, then property taxes on a dwelling or home go to the county tax collector, then any lienholder is paid, and the rest goes to the tenant or owner with an itemized accounting. If the tenant cannot be found after due diligence, the money is deposited with the county treasurer and reverts to the county after three years. Chapter 90 is amended often, so check the current text of ORS 90.425 before relying on any figure here.

Oregon Requirements for Abandoned Tenant Property Notice

• The Subsection (2) Trigger That Applies

  Record which of the three ORS 90.425(2) events applies: a tenancy ended with property left and a reasonable belief the tenant has no intention of claiming it; absence for seven days after an unexecuted court-ordered termination; or possession received from the sheriff following restitution under ORS 105.161. The third bars requiring storage charges before release.

• The Kind of Property, Which Sets Every Date and Tier

  Separate any manufactured dwelling or floating home, any recreational vehicle, and all other goods. Dwellings and homes get a 45-day contact date, 30 days to remove and an $8,000 tier valued by the county assessor; recreational vehicles a $4,000 tier; everything else a $1,000 tier. Dwellings and homes in a facility are governed by ORS 90.675 instead.

• The Specified Contact Date

  Put a calendar date in the notice not less than 5 days after personal delivery or 8 days after mailing, or not less than 45 days for a manufactured dwelling or floating home, under ORS 90.425(6). Count from the delivery method actually used and keep proof of the date.

• The Nine Statements Required by Subsection (5)

  State that the property is considered abandoned; the contact-by date; where it is stored; the telephone number or address for arranging removal; availability by appointment; whether removal and storage charges must be paid first; the 15 or 30 days to remove after contact; any belief and intent to dispose under subsection (10)(b); and any lienholder or owner right for a vehicle, dwelling or home.

• Delivery to the Premises, Any Known Box and Any Forwarding Address

  Deliver the notice personally or by first class mail addressed to the tenant at the premises, at any post-office box the landlord actually knows of, and at the most recent forwarding address provided or actually known. For a vehicle, dwelling or home, also send copies under subsection (4), with lienholders served by first class and certified mail, return receipt requested.

• Safekeeping, Reasonable Care and the Charges Allowed

  Store other goods in a place of safekeeping, which may be the unit, elsewhere on the premises or a commercial storage company, and a dwelling or floating home on the rented space, using reasonable care. Charge reasonable or actual storage and removal costs, capped for a dwelling or home at the last monthly space rent. Rotting food may be disposed of promptly.

• The Sale Notice or the Disposal Determination

  For a vehicle, dwelling or home sale, publish notice in a newspaper of general circulation at least one day in each of two consecutive weeks, get an affidavit of publication, give copies to the tenant, lienholder and owner, and obtain county tax clearance. For disposal under the value tiers, keep the basis for the value, and give the property away only to a nonprofit or an unrelated person, never for the landlord's own use.

• The Proceeds Accounting and Any County Treasurer Deposit

  Deduct notice, storage and sale costs and unpaid rent; pay property taxes on a dwelling or home to the county tax collector, then any lienholder; send the remainder to the tenant or owner with an itemized accounting. If the tenant or owner cannot be found after due diligence, deposit the remainder with the county treasurer, where it reverts to the county after three years.