Information About Milwaukie's No Cause Eviction Ordinance

In April 2016, the Milwaukie City Council adopted an ordinance to declare a housing emergency in the city in response to recent reports about the evolving housing shortage in the region. In addition, the Council adopted an ordinance to increase renter protections, curb no-cause evictions, and provide tenants enough time to find housing, should they be asked to leave. Helpful information about what this means to tenants and landlords can be found here.

Frequently Asked Questions for Milwaukie Municipal Code (MMC) Chapter 5.60

What is a “no cause” eviction?

A termination of a rental agreement for any reason not listed as a cause for termination in the State of Oregon’s Residential Landlord and Tenant Act. A landlord still has the right to end a rental agreement with a tenant without cause and take possession of his or her property, but must follow the provisions of ORS 90.427 of the Residential Landlord and Tenant Act and the City’s MMC Chapter 5.60. Refer to http://www.oregonlaws.org/ors/90.427 for more information.

What does MMC Chapter 5.60 do?

It increases the 30 or 60-day notification period that landlords are required to give tenants for no cause evictions under ORS 90.427 to 90 days.

Why was MMC Chapter 5.60 created?

The City Council adopted Chapter 5.60 to respond to the impact that a lack of affordable housing is having on Milwaukie residents.

When did MMC Chapter 5.60 go into effect?

April 19, 2016

Where does MMC Chapter 5.60 apply?

It applies only to rental agreements for properties within the city limits of the City of Milwaukie.

Will MMC Chapter 5.60 expire?

Section 2 of Ordinance 2118 required that the City Council reconsider the protections outlined in Chapter 5.60 should the Portland metropolitan region's residential vacancy rate rise above 4% or in one year (April 19, 2017), whichever comes first. On April 18, 2017, the City Council adopted Resolution 46-2017, which maintained MMC 5.60.

I am a renter. What if I received a no cause eviction with less than a 90-day notice?

Legal Aid of Oregon works with tenants in Oregon seeking assistance with housing related legal issues. For more information call (503) 224-4086, or call toll free (888) 610-8764.

I am a landlord. Am I required to give a 90-day notice for all evictions?

No. MMC Chapter 5.60 only applies to no cause evictions. For more information on evictions for cause, refer to ORS 90.392 found at http://www.oregonlaws.org/ors/90.392.

How do I learn more about my other rights as a renter, or as a landlord?

Research Chapter 90 of the Oregon Revised Statutes (the Residential Tenant and Landlord Act), or visit http://www.oregonlaws.org/ors/chapter/90.