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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon, can my landlord choose not to renew my lease after 3 years?

Hello, we live in Gresham Oregon in Multnomah county, we are extremely close to the border of Portland.

We’ve lived in our rental since June 1st 2019. We’ve have fixed term leases every year, we have had no violations in the last 12 months and in our lease it says our lease will convert... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2024

He doesn't need to renew for a fixed term but neither will he be able to terminate your lease without cause except for a permitted reason (which also would allow him to not renew the lease or have it rollover into a month to month tenancy now if he had a permitted reason and desire) and then... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Portland Oregon. I would like to evict a tenant.

Can I have my processor/attorney attache the eviction notice to the main public entry door to the apartments, or do I have to have it put on the tenants front door to their apartment within the actual apartment complex?

James L. Arrasmith
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answered on Mar 31, 2024

In Portland, Oregon, the eviction notice must be served to the tenant in one of the following ways according to Oregon state law (ORS 90.155):

1. Personal delivery to the tenant; or

2. If the tenant is not available for personal delivery, the notice can be posted on the...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: what are the landlords responsibilities regarding an unauthorized occupants belongings once they have been removed
James L. Arrasmith
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answered on Mar 31, 2024

In Oregon, when a landlord removes an unauthorized occupant from a rental property, the handling of the occupant's belongings is governed by Oregon Revised Statutes (ORS) 90.425. Here are the key points:

1. Storage: The landlord must store any personal property left behind by the...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I break my lease without being penalized?

Regarding my current situation with my rental property in Oregon, I submitted a maintenance request on March 3rd concerning a leak I suspect is coming from the toilet in my bathroom. Despite almost three weeks passing, I have not received any contact from management. The situation has worsened to... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Oregon, tenants have rights when it comes to habitable living conditions. If your rental property has severe issues like leaks leading to sewage exposure, this could be considered a violation of habitability standards. Document the problem thoroughly, with photos and records of communication... View More

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

James L. Arrasmith
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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What tenant rights does my ex wife have or her roommates have after I buy her out?

My ex wife is living in the family home and reimbursing me for the mortgage. She has two roommates that have been there for over a year. One pays weekly rent. The other may be some kind of trade. I don’t think there is a formal rental agreement either.

I am planning on buying her out in... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

Your concerns are likely justified. If she is a part owner, she is not a tenant and has no tenant rights (at unless you give them to her by allowing her to stay past the statutory period. The others sound to be valid tenants - but whose? If you co-own the house, then yes you already are a landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a voluntary vacate agreement the same as an eviction notice?

My grandmother's house was recently obtained by Fannie Mae after the foreclosure of the property. They sent us a Voluntary vacate agreement that we signed; however, due to the shortage of housing in the area, we probably won't be able to make it out of the due date, and we were worried... View More

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answered on Feb 23, 2024

A voluntary vacate agreement and an eviction notice serve different purposes in the context of housing laws. When you sign a voluntary vacate agreement, you're agreeing to leave the property by a specified date, usually in exchange for certain benefits, such as a waiver of owed rent or a cash... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What was the allowed rent increase for homes within the city of Portland, Oregon for 2023?..

Ive been told it was 14% and then went down to 10% about July of that year statewide.. however, the city of Portland had its own guidelines which made it 10%.. im within the city of Portland and mine was raised 14%..

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

Actually, Portland uses 10% not as a rent cap but rather if more than 10% rent increase, a tenant could refuse, move out and force the landlord to pay relocation assistance. It also required the landlord to include a variety of notices of tenants rights with the rent raising notice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own rental house in Portland Oregon and would like to end our fixed-term lease with the current tenant.

This is the first year of the lease, which expires 3/31/24. Can we terminate the lease without cause, and if not, what are the reasons we can terminate a lease during the first year of tenancy without having to pay relocation fees? Thank you!

Gregory L Abbott
Gregory L Abbott
answered on Jan 29, 2024

You need to start with what the written lease says about termination and/or renewal of the tenancy. Some leases automatically renew unless one of the parties provides notice of their intent to not renew - usually with a minimum advanced time period for such notice (30 days, 60 days, etc.). Under... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: I'm in a ongoing evuction from a landlord whos daughter asultes my son who is under age habe an restraining order on her

One side is hers one sidr is mine can I rent out a unoccupied room On my side if its unoccupied

Gregory L Abbott
Gregory L Abbott
answered on Dec 8, 2023

You most likely cannot rent out any part of your leased rental dwelling without the landlord's express permission - almost every residential lease contains a no subletting clause. If you are in danger of being evicted, for any reason, you wouldn't want to rent or sub-let anything at the... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate does not want to attend our first eviction court date. Can I go alone?

The papersates her name and all other occupants Not the names of the two other lease holders

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2023

Not only can you go on your own, you should to see what, if anything, you can work out with the landlord. Plus, if you don't go, a default Judgment is likely to be entered against you and you will have an eviction on your rental record, making it difficult to rent elsewhere in the future as... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 3-time violations and 90 days termination notice

My tenant has been living in the unit for over 3 years. First-year lease, then month-to-month. Having issued more than three violation notices within the last six months, am I legally allowed to terminate the lease with a 90-day notice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 5, 2023

Are these repeat violations or 3 separate? Your eviction rights likely depend upon what the violations are and how you previously responded - did you issue 30 day for cause termination notices? If so, you might be able to get rid of them with a 10 day, non-curable notice. You may want to consider... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Lanord perform shampooing the carpet at the tenant's expense after the tenant moved?

It was stated on the lease Landlord has the right to do house cleaning and shampoo the carpet at the tenant's cost when the tenant moves. The tenant provided an invoice for house cleaning services upon key release. However, upon inspection, the landlord discovered that only the carpet had been... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 5, 2023

It depends upon what your lease says. A landlord can only charge for carpet cleaning beyond just vacuuming IF their written lease tells the tenant that they will be charged for carpet cleaning after they vacate, regardless of whether they have it cleared themselves AND they had it shampooed before... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord charge early lease termination fee on top of my current rent?

They are charging me 1.5x of the rent as termination fee ON TOP OF my current rent, which is total of 2.5x of my monthly rent for just one month. They are keep telling me that the rent is not included in the termination fee, but as my knowledge and experience, they shouldn't be charging me the... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 2, 2023

Sorry but unless you have the most unusual written lease that I've ever seen, your landlord is correct. You didn't need to provide the 30 days notice (though it is undoubtedly appreciated) but the standard lease break penalty is 1 1\2 months rent. You owe rent for every day you are in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My husband died and I cannot afford the bills want to give back the property so I don't have an eviction on my record.

There are two other people staying in the house they are not on the lease can I do this and give back the keys to the landlord so he can take back property and change locks.

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, wanting to return the property to avoid an eviction is understandable, but it's important to handle this correctly under Oregon law and your lease agreement. Simply returning the keys does not automatically terminate your lease or responsibilities.

First, review your...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I give a property back to landlord two people are staying there not on lease to prevent and eviction.

My husband died and want to give back property can I do this so landlord can change the locks.

James L. Arrasmith
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answered on Dec 1, 2023

In Oregon, if you're looking to return a rental property to the landlord due to your husband's passing and unauthorized occupants staying there, the process depends on the terms of your lease and state laws. Generally, you can't simply hand over the property to the landlord without... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My (now ex) boyfriend allowed his mom and her boyfriend to stay temporarily at our rented house unauthorized.

This was 4 years ago and they are hostile and disrespectful. My former relationship was abusive and his mom is also abusive so I was always too afraid to speak up or confront them to leave sooner. They do not have a written or verbal contract to sublease nor do they pay rent but the mom claims she... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 29, 2023

This is not a do-it-yourself project. Nor do you have to wait filing suit until the restraining order is dismissed. Much depends upon the exact facts but eviction and landlord-tenant matters only apply when there is a landlord-tenant relationship and if she does not pay rent, there may not be one... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Oregon on
Q: I am going through an eviction and I was not formally nor personally served but landlord is proceeding with a date to go

Mail from my apartment was all being returned to the post office because they were under the impression that the apartment was already vacant. Had a check through a county housing agency to pay the rent and landlord refused to take. Was given faulty information in filing motion to stay by the court... View More

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answered on Nov 18, 2023

In Oregon, proper service of eviction notice is a critical part of the eviction process. If you were not formally served with eviction papers, this could be a significant defense in your case. Oregon law requires landlords to serve tenants with a proper eviction notice before proceeding with an... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I get into my old house to retrieve a box that the new tenant and the landlords know is there?

An angry roommate hid it from me while I was moving out, so I didn't see it during the walk through. I have receipts for everything. Now the new tenant won't let me check if it's there, and the landlords only said "don't get the police involved, it's a waste of time... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Oregon, if you've left belongings in a property after moving out and the new tenant and landlords are aware of it, you still have rights to retrieve your property. Since the contents are valuable and have emotional significance, it's important to address this matter promptly.... View More

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