Left Behind: A Landlord's Guide to Abandoned Property in Portland & Oregon

Picture this: you haven’t heard from your tenant in weeks, rent is unpaid, keys have not been turned in, and upon checking out the presumed abandoned unit you find… So. Much. Stuff. Between the ceiling-high piles of trash and the pungent smell of stagnant sewage slapping you in the face, your first thought is not likely the legal minefield you just stumbled onto. But it should be.

In Oregon, you can't simply toss a tenant's belongings the moment they disappear. Doing so could land you in scalding hot water with ORS 90.425, the state's strict statute on personal property.

Here is what you need to know to protect your investment and stay compliant in Portland and beyond.

STOP. DROP. IDENTIFY.

Drop the trash bag! Before you lift a single finger, you must determine if the property is actually "abandoned." In Oregon, this usually happens in one of three ways:

• The tenant has been gone for a continuous period (usually 7 days) and has not paid rent.
• The tenant has officially returned the keys.
• The tenant has been evicted via a court-ordered sheriff's lockout.

The Golden Rule: The Notice of Right to Reclaim

Once you've confirmed abandonment, your first legal step is to send a Notice of Right to Reclaim Abandoned Property. This isn't just a polite note; it’s a legal requirement.

The notice must be delivered to the tenant’s last known address (and any known secondary addresses). In Oregon, the clock starts ticking based on how you send it:

• Hand-delivered: The tenant has 5 days to respond.
• Mailed: The tenant has 8 days to respond.

IMPORTANT: Always send this via first-class mail and get a "certificate of mailing" from the post office. It’s your "get out of jail free" card if the tenant later claims they never received it.

The $1,000 Rule

What you do with the items depends on their value. Oregon law allows landlords to make a "good faith" estimate:

• Under $1,000: If the total value is under $1,000 (or the cost of moving and storing it is more than the value), you can state in your notice that you intend to destroy or donate the items if they aren't claimed.
• Over $1,000: If the items are valuable, you may eventually have to sell them at a public or private sale, applying the proceeds to any unpaid rent or storage costs.

Storage and Pickup

If the tenant contacts you within the 5 or 8-day window to claim their things, you must generally give them 15 additional days to physically remove the items.

A Portland Warning: If the tenant was evicted by a sheriff, you cannot demand that they pay storage fees before they can pick up their belongings. However, if they left voluntarily, you can charge reasonable storage costs.

What About Pets?

Oregon law is clear and humane: if a tenant leaves a pet behind, you don't have to wait 8 days. You can (and should) contact animal control or a local humane society immediately to ensure the animal is cared for.

The Bottom Line

Dealing with abandoned property in Portland requires patience and paperwork. While it's tempting to clear the unit and get a new tenant in as fast as possible, skipping these steps can lead to wrongful conversion lawsuits that cost far more than a few extra days of vacancy.

Looking for the right forms? We recommend checking in with Multifamily Northwest for legally vetted notice templates specific to Oregon and Portland law.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney familiar with Portland landlord-tenant law.

Tired of dealing with the mess?   Give us a call! Kjk Properties P.C. knows exactly how to handle situations like these after managing properties in the Portland-Metro area for 25+ years. We are experts at tricky Oregon landlord-tenant law and take on the daunting, messy, and tricky parts of property management so you don’t have to!