Legal Question in Real Estate Law in Oregon

building being sold

I just moved into an apartment and 4 days after I lived their they told me that the building was being sold. To make a long story short it is being turned into condos and I will have to be out in 2 months. The property manager said the building manager was suppose to tell me about the sell but he did not. Now I have to move again and have no money to do so. I feel as though I should get a free months rent and all my deposits back. I told the property mang. that and she said I could get just the deposits, no rent or moving expenses. Then she called me back 10 min later saying that she would knock $120 off my current months rent. That seems shady... how would I go about this problem?


Asked on 3/06/07, 12:04 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: building being sold

First of all, you're probably in a month-to-month lease so there is no legally binding expectation that you should be able to stay there for the long-term. If you had a year-long lease then you may have damages against your landlord but you would neet to mitigate your damages. Hence, a 30day termination notice per ORS 90 should suffice.

However, there is also a condo conversion law - ORS 100.305 - which states that tenants should receive notice of the conversion at least 120 days before the conversion of apartments into condominiums, and which needs to provide current tenants an opportunty to purchase units within 60 days (does not help you as you're not interested in purchasing this) -- if the layout of the units remains substantially the same.

However, because you state the building is being sold to another owner, it is not entirely clear whether this statute would apply if the new owner decides to terminate all tenants' leases.

This law has been controversial for tenants' advocates as not having much teeth and for developers as making them jump through extra hoops when most tenants will not opt to purchase anyway.

Please contact a lawyer to determine if this law could be used in your circumstance to allow you to stay longer. Maybe you can point out this law and negotiate a free month of lease if you voluntarily agree to leave, but it is not clear that you would by law be entitled to such a remedy.

Read more
Answered on 3/13/07, 3:57 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Oregon