Free Oregon Lease Extension Agreement
In Oregon a fixed term past the first year does not expire — it converts. Under ORS 90.427(4)(c), where the ending date falls after the first year of occupancy, the fixed term tenancy becomes a month-to-month tenancy on expiry unless one of three specific things happens. That rule opens with its own exception: § 90.427(8), for a unit in the same building or on the same property as the landlord’s primary residence where there are not more than two dwelling units.
A lease extension is an agreement to carry an existing tenancy into a further term. It continues the existing lease rather than replacing it with a new one — that is the usual distinction between an extension and a renewal — though leases and statutes often use the two words for the same thing, so what governs is what the document in front of you actually says. No Oregon tenancy renews itself into a further fixed term: that takes either a clause in the lease or a fresh agreement between the parties. What Oregon changes is what happens when neither side does anything. Once the tenancy is past its first year, ORS 90.427(4)(c) converts the expiring fixed term into a month-to-month tenancy by operation of law — and from there the landlord can end it only for a tenant cause or a qualifying landlord reason. That conversion rule carries its own exception in § 90.427(8), for a unit on the landlord’s own property with not more than two dwelling units.
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The conversion rule, its three exceptions, and the subsection it yields to
ORS 90.427(4)(c) provides that, except as provided by subsection (8), “if the specified ending date for the fixed term falls after the first year of occupancy, the fixed term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless: (A) The landlord and tenant agree to a new fixed term tenancy; (B) The tenant gives notice in writing not less than 30 days prior to the specified ending date for the fixed term or the date designated in the notice for the termination of the tenancy, whichever is later; or (C) The landlord has a qualifying reason for termination and gives notice as specified in subsections (5) to (7) of this section.” Note: option (A) is the renewal, and it is the only one of the three that keeps the tenancy on a fixed term. The other two are ways of ending the tenancy. If none of the three happens — which is what “neither side did anything” looks like — the tenancy continues on a month-to-month basis whether or not either party intended it. Read the opening words before relying on any of that. The subsection is expressly subject to § 90.427(8), which applies where the unit is in the same building or on the same property as the landlord’s primary residence and the building or property contains not more than two dwelling units. There the landlord may terminate at any time after the first year of occupancy, and (8)(b)(B) permits a without-cause termination during the fixed term on not less than 30 days’ notice.