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Oregon Landlord-Tenant Law: When a Tenant Dies …. A Short Checklist

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Landlords, and others subject to the Oregon Landlord-Tenant Act, should consult or retain an Oregon attorney for advice on abandoned property, probate, guardianship or conservatorship, and other legal issues that may arise when a tenant dies.

Short Checklist:

1) Read the Oregon Revised Statutes (ORS) sections on abandoned tenant property, notification of authorities and family, etc. (E.g. Sample index terms: “Landlord and Tenant”, “Dead Bodies”, and “Death”). (Make sure you also check for laws enacted since the last ORS compilation.)

2) The Oregon Rental Housing Association and the Rental Housing Association of Greater Portland have abandoned property-tenant death forms or checklists that can be reviewed and purchased.

3) Check the county circuit court’s website (in the county where the property is located) for procedural information and forms on transferring property following death.

4) Check links from the Oregon State Bar Landlord-Tenant resource list and at the Oregon Legal Aid and Oregon Law Center website.

5) NOLO has a book called “Every Landlord’s Legal Guide,” which has a section entitled “When a Tenant Dies”. This book is available at many public libraries in Oregon and for purchase at the Nolo website.

6) eHow has a page on Landlord Rights in the Event of a Tenant’s Death that summarizes some of the key issues. The eHow post is not Oregon-specific, nor is it legal advice.

7) Previous OLR blogposts on Oregon landlord-tenant laws.

8) The Oregon State Bar Information and Referral Service has a toll free number to call to get names of attorneys in your area; call their referral service at 503-684-3763 or 1-800-452-7636.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.