By Attorney Samantha Baker and Summer Associate Stephanie Lugo
Effective January 1, 2024, Senate Bill 1069 (“SB 1069”) attempts to bring the Oregon Residential Landlord and Tenant Act (“ORTLA”) into the modern age. Prior to the passing of SB 1069, a landlord could serve notices under ORTLA by personal service, first-class mail, or, if authorized under the parties’ lease, by posting and mailing, while any money refunds were to be paid by check or money. While these methods of service still remain available, landlords and tenants now have an option to agree to service by electronic mail (“e-mail”), as well as refunds by electronic deposit.
Notice by E-mail
SB 1069 amended ORS 90.155 to allow a landlord to serve written notices through e-mail, so long as the landlord and tenant agree in a separate written addendum executed by both parties after the tenancy begins and tenant has occupied the premises. The statute additionally requires the addendum:
- specify the e-mail address from which the landlord agrees to send and receive e-mail and the e-mail address from which the tenant agrees to send and receive e-mail;
- allow the landlord or tenant to terminate the agreement of service by e-mail, or to change their specified e-mail address for receipt of written notices, by giving no less than three days’ written notice; and
- include the following specific disclosure concerning tenant’s rights:
“THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.”
This expanded delivery option is applicable to any written notice required under ORLTA, with two caveats. First, if landlord is serving an eviction notice, note that first-class mail service is still required in addition to e-mail service. Second, if landlord is serving notice by first-class mail there is a three-day extension period that will be applied, and the notice must include that time extension. This three-day mail extension does not apply when serving notice by email-and-mail.
Electronic Refunds
In addition to notice by e-mail, SB 1069 further expanded ORLTA to allow landlords to send the required final accounting via e-mail, and to deposit any monies due, including security deposit refunds and/or any rental deposits due, electronically to a bank account or other financial institution designated by the tenant.
Note that these additions only apply where landlord and tenant agree to these terms in a separate addendum, executed after the lease is signed and tenant has occupied the premises, and where the addendum meets the above listed requirements.
If you would like more information on or compliance assistance with landlord and tenancy requirements, please contact a member of Dunn Carney’s Real Estate Team.
For more information, contact a member of Dunn Carney’s Real Estate Law Team.
David Zehntbauer, Real Estate Practice Group Leader
Phone: 503.306.5320
Email: dzehntbauer@dunncarney.com
Samantha Baker, Associate Attorney
Phone: 503.306.5335
Email: sbaker@dunncarney.com
©2024 Dunn Carney LLP. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Dunn Carney LLP and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
