How should Oregon brokers handle a tenant-occupied listing?

Short answer

Oregon brokers selling a tenant-occupied rental need to coordinate entry under ORS 90.322 (24-hour notice for showings), disclose tenancy details to buyers, manage broker access to the unit, and respect the tenant's quiet enjoyment throughout marketing and escrow.

When this comes up

Listing a single-family rental, small multifamily, or condo with tenants in place.

Oregon rule or source to check

ORS 90.322 (entry), ORS 90.427 (termination after sale where applicable), Oregon real estate disclosure obligations, and any local rules.

Practical workflow

  1. 1. Confirm tenancy details with the landlord. Get the lease, end date (or month-to-month status), rent, and deposit info up front.
  2. 2. Plan showings around notice rules. Use 24-hour written entry notices for each showing window; group showings to reduce intrusion.
  3. 3. Disclose tenancy to buyers. Provide the lease and tenant-status disclosures so buyers know what they are inheriting.
  4. 4. Coordinate the tenant's experience. Communicate calendar windows clearly; offer the tenant flexibility where possible.
  5. 5. Map out post-closing options. Discuss with the buyer whether to honor the existing tenancy or use a qualifying-landlord-reason notice under ORS 90.427.

Common mistakes

Treating a lockbox as a substitute for entry notice, last-minute showing texts, and not disclosing the tenancy to buyers.

Related forms or workflows

Listing agreement with tenant-occupied addendum, 24-hour entry notice template, showing schedule, tenant communication log.

Related questions

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Propsistant provides educational information and workflow guidance. It is not a law firm and does not provide legal advice.

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