The laws with layers of local rules and state rules in the landlord tenant relationship can be confusing as attorney Brad Kraus explains here.
Bradley S. Kraus
Attorney at Law, Warren Allen LLP
When COVID-19 began to take hold in the spring of 2020, many rights that landlords had were put on hold by way of executive orders. The legislature took its time to craft laws which would shape the landlord/tenant relationship. Before that occurred, many local jurisdictions acted swiftly, enacting their own COVID-related local rules and prohibitions. Having multiple layers of rules and laws posed significant challenges. As we come out of COVID-19-related moratoriums, these challenges continue to exist.
Analyzing how to comply with both local rules and state rules can be challenging. Many lay people understand somewhat the concept of federal supremacy—i.e., how federal law can have supremacy over state laws that conflict with same. Thinking that a similar rule would hold true from a state/local law relationship makes sense, but it is unfortunately much more complicated. While this article won’t dive into the legal issues there, there are a couple common landlord/tenant that can differ from a local perspective and should receive your attention.
First, some localities have differing requirements regarding their leases. Portland is the obvious example, as their FAIR Ordinance imposes a variety of rules and obligations that are not found in state law. Others, like Gresham, have obligations snuck into their city codes regarding forms that should be included with the rental agreement executed by the tenant. The above examples are a reminder that the laws can and do change, so updating your landlord/tenant documents from time to time is important.
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