Domestic Violence in Oregon
Within the United States, one out of every four American women will experience violence by an intimate partner sometime during her lifetime. As an apartment manager, there are specific guidelines to follow when presented with a domestic violence issue.
If a resident, or a child living with a resident, has been the victim of domestic violence, sexual assault or stalking within the past 90 days, they have the right to be released from their lease or rental agreement with a 14-day notice.
Providing a Notice to Vacate
The resident is to provide the notice to vacate in writing. You can provide them with a Residents Notice to Vacate (Form C005) to complete. The resident must provide verification of the abuse by providing the Site Manager with one of the following:
- A copy of a court protective order (Restraining or Stalking Order or other court order);
- A copy of a police report showing that they or the child living with the resident has been the victim of domestic violence, sexual assault, or stalking;
- A statement from a law enforcement officer stating the resident has reported an act of domestic violence, sexual assault or stalking.
The resident is not charged for terminating their lease. If they are the only person on the lease they can end their tenancy and they are responsible for rent only up to the termination date.
If there are other residents listed on the Rental Agreement, the remaining residents will continue to be responsible for rent. The victim will not be responsible for rent or damage occurring past their move-out date.
Changing the locks
When a resident notifies the Site Manager they (or a child living with them) are a victim of domestic violence, sexual assault or stalking, they may request to have their lock changed should they elect to remain in the apartment. The notice can be verbal, but written notice is always best. The resident does not need to provide proof that the violence occurred if they are the only person listed on the Rental Agreement. It is important not to refuse or take too long to change the lock. If this occurs, the resident can change the locks without your permission and they must provide a copy of the new key to you.
The resident is responsible for the cost of changing the lock, but the Site Manager should not insist that the resident pay for the lock change before changing the lock. It is acceptable to charge the standard (reasonable) lock change fee.
Dealing with the abuser
If the abuser is on the Rental Agreement, and the victim requests that the locks are changed to keep the abuser out, the victim must provide the Site Manager with a restraining order that specifically orders the abuser to move out of the apartment. The Site Manager and staff should not allow the abuser into the apartment without the permission of the victim unless court ordered. The abuser is jointly responsible for the rent until the date the abuser was excluded from the apartment.
If a victim elects to vacate the premises, therefore, with the abuser remaining, a landlord may terminate the abuser if the act of physical violence, sexual assault or stalking occurred at the property, by serving a 24 Hour Termination Notice. Proof of the occurrence can be provided by law enforcement, attorneys, licensed health professional, or victim’s advocates. It is important to remember not to treat differently a victim of domestic violence, sexual assault or stalking.