ORS § 90 § 90.490
Prohibited acts in anticipation of notice of conversion to condominium; damages.
Operative Text
(1) A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320: (a) Within one year before the declarant records the declaration under ORS 100.100, the landlord gives a tenant a 30-day notice without stated cause; or (b) Within one year before the declarant records the declaration under ORS 100.100, the landlord increases the rent in excess of the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. (2) If a court finds that a landlord has taken an action described in subsection (1) of this section for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320, the court may award the tenant the greater of: (a) Six times the monthly rent for the dwelling unit; or (b) Twice the actual damages to the tenant arising out of the termination or rent increase. (3) The time allowed under ORS 12.125 to commence an action under this section begins on the date the declarant records the declaration under ORS 100.100.
ORS § 90.490 addresses a specific form of tenant protection tied to condominium conversions. Under this provision, a landlord is prohibited from issuing a no-cause 30-day notice or imposing a rent increase exceeding the West Region Consumer Price Index within the year before a condominium conversion declaration is recorded, if the purpose is to help a declarant sidestep the tenant protections required under ORS 100.301 to 100.320. When a court finds that a landlord acted with that prohibited purpose, the tenant may be awarded the greater of six times the monthly rent or twice their actual damages. The statute of limitations for bringing such a claim begins on the date the conversion declaration is recorded.
Plain English — not legal advice.
Property owners and managers involved in or aware of a pending condominium conversion should understand that ORS § 90.490 scrutinizes no-cause termination notices and above-CPI rent increases issued within the year before a conversion declaration is recorded. Compliant operators generally ensure that any rent adjustments during that window stay within the West Region CPI threshold and that any notices to vacate are issued for documented, legitimate reasons unrelated to facilitating a conversion. Landlords who are found by a court to have acted with the purpose of circumventing ORS 100.301 to 100.320 face potential liability of up to six times the monthly rent or twice the tenant's actual damages, whichever is greater.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.490 gives tenants the right to bring a court action if they received a no-cause 30-day notice or an above-CPI rent increase within the year before a condominium conversion declaration was recorded, and that action was taken to help the declarant avoid the protections under ORS 100.301 to 100.320. If a court agrees, the tenant may recover the greater of six times the monthly rent or twice their actual damages. Tenants who believe this provision may apply to their situation can consult a tenant-rights organization or legal aid office to understand the filing deadline, which under ORS § 90.490(3) runs from the date the conversion declaration was recorded.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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