The purpose of this chapter is to provide residential renters
in the City of Milwaukie with adequate protections in the event that
they are served with a no cause eviction.
(Ord. 2118 § 1, 2016; Ord. 2202 § 1, 2021)
"Act"
means the Residential Landlord and Tenant Act, codified in Chapter 90 of the Oregon Revised Statutes. For the purposes of Chapter
5.60, capitalized terms have the meaning set forth in the Act.
(Ord. 2118 § 1, 2016; Ord. 2202 § 1, 2021)
The following apply to tenants of dwelling units within the
boundaries of the City of Milwaukie, which are in addition to the
requirements and protections set forth in the Act:
A. A landlord
may terminate a rental agreement without a cause specified in the
Act ("no cause eviction") only by delivering a written notice of termination
to the tenant of: (1) not less than 90 days before the termination
designated in that notice as calculated under the Act; or (2) the
time period designated in the rental agreement, whichever is longer.
This requirement does not apply to rental agreements for week-to-week
tenancies or to tenants that occupy a dwelling unit that is located
in the same building or on the same property as the landlord's primary
residence and the building or the property contains not more than
two dwelling units.
B. A landlord
that fails to comply with any of the requirements set forth in this
section shall be liable to the tenant for an amount up to three months'
rent as well as actual damages, reasonable attorney fees and costs
(collectively, "damages"). Any tenant claiming to be aggrieved by
a landlord's noncompliance with the foregoing has a cause of action
in any court of competent jurisdiction for damages and such other
remedies as may be appropriate.
(Ord. 2118 § 1, 2016; Ord. 2202 § 1, 2021)