answered on May 29, 2023
A landlord cannot increase a security deposit in the first year of a tenancy, absent a modification of the rental agreement and consent of the tenant (e.g. a pet is added during the first year and the landlord wants an increased security deposit to cover potential pet damages). After the first... Read more »
I sold a used truck as is(says as is on the bill of sale.) he is now saying he took it to a mechanic a few days later and it had an engine misfire and now he wants to sue for his money back. I was unaware of the problem. I don’t know what to do next. Is this something he will win?
answered on May 20, 2023
It is unclear why the buyer thinks they are entitled to a refund and lots depends on exactly what was said before the sale and\or details but As Is means As Is and anything could have happened to the vehicle in the few days between purchase and inspection. Bottom line is buyer should have had... Read more »
BF bosses wife's family owns these. We never have had a rental agreement. Why do my Grandson n I need to move? Why in 4 days? There's no way possible for me to get to stay? I didn't give my notice. They try n say they rented to the Bf. But we both have lived here from day one without... Read more »
answered on Apr 29, 2023
First, you have indeed had a rental agreement but it may have only been verbal, which makes it difficult for either side to prove the exact terms. If BF moved out voluntarily, his exit likely terminated the tenancy for both of you. If, however, he left due to domestic violence, you may be entitled... Read more »
"you should have received a notice". The notice was for the next day. When I spoke to the landlord he said there was an emergency. I think this is a lie. Is there anything I can do?
answered on Apr 25, 2023
If he is going to claim an emergency, he has to notify you in writing within 24 hrs that he came in, when, and what the emergency was. If he did not, you likely have a claim against him, probably worth a month's rent plus court costs and attorney's fees. If you think you have a claim,... Read more »
We are not on a contract or lease; we are month to month. We have paid and fixed all involved with the home for almost 8 years the Landlord has not maintained the home we have which is fine for minor things but we had to pay for people to come out to look under our home for rats and they fixed the... Read more »
answered on Apr 22, 2023
The question is not whether you can afford it (though that obviously is the bottom line) but what do you owe? If you really do owe $3600 or more, and cannot work out a payment plan with the landlord, he can proceed to try to evict you for non-payment. His 10 day notice must be legally compliant... Read more »
Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.
answered on Apr 3, 2023
You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... Read more »
We owned him 4 months. Lady only 2 days. Oregon state.
answered on Mar 28, 2023
Doesn't matter if new person has only owned the dog for 2 minutes; is there something about selling the dog you don't understand? IF the buyer wants to sell it back to you, at whatever price you both agree upon, they can. But you have no right to demand or force it and they are free to... Read more »
Had to remove everything from room. Residents cannot be left unattended. Must empty buckets constantly. So doesn’t go to lower level. He won’t reduce rent. He actually raised my rent wife and I have been sick more . We has a mold guy here we have mold.
answered on Mar 15, 2023
It sounds as if you may have claims for reduced rent value, possibly mold damages as well. If desired, with written notice to the landlord, you may have rights to move to alternative housing at the landlord's expense above your rent. Consider reviewing everything with a landlord-tenant attorney.
I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense
answered on Mar 11, 2023
Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could... Read more »
My roommate was recently evicted from his apartment, he was the only person on the lease and the landlord was aware of my presence within the unit and never said anything about it. After my roommate was evicted and had vacated the property, I returned to the apartment complex to visit a different... Read more »
answered on Feb 15, 2023
If you occupied the property, the landlord should have evicted you as well as his tenant. Normally that is done by including "And All Others" or something similar as a defendant. Otherwise, they could end up evicting the named tenant but not anyone else occupying the dwelling. If you... Read more »
She has also tried breaking into my room in the middle of the night when I was sleeping high. Has stolen belongings, and let out a service animal!
answered on Feb 13, 2023
It is unclear what you mean by she was "evicted" - a landlord can terminate a tenancy but only a Court can actually evict. IF a court has restored possession to the landlord, and she still won't leave, then the landlord simply needs to follow up and get a Sheriff to remove her. If... Read more »
I live in an apartment complex. I am looking to file a claim at the Small Claims Court against my landlord/property manager for failing to stop my neighbor's dog from barking after more than 4 months. The dog barks almost daily and over 90% of the time it barks from over 10 minutes to as long... Read more »
answered on Feb 2, 2023
You don't say but I am guessing that your neighbor is also a tenant of the same landlord? If so, if you have set it up properly, you can sue the landlord for breaching their duty to provide you with quiet enjoyment of your tenancy. You can also, and should, report the noise problem to... Read more »
Oregon Real Estate Landlord / Tenant issue. The tenant with whom there is a signed lease agreement subleased the apartment to a friend during covid and now the friend is not paying rent. There were some messages about this w/ the landlord but the friend never signed a new lease. Also, the friend... Read more »
answered on Feb 1, 2023
You will need to serve the tenant with the proper 144 hr or 72 hr notice and, if not timely paid, file to evict in court. While I offer some partial eviction services on a flat fee basis, I don't know any attorney who offers a flat fee for an eviction start to finish. That is because there... Read more »
In their divorce it said that she would have to pay her own medical bills and he would have to pay his but now after all this time the creditors are coming after him it's been so long and he didn't know she didn't pay and now the bill went from 6,000 to 16,000 what can we do this doesn't seem fair
answered on Jan 25, 2023
It all depends upon the exact details. IF the creditor sued your husband and won in court, they would have gotten a Judgement against him. All Oregon Judgments are valid for 10 years and can be renewed once for an additional 10 years. So it is possible it is a collectable debt. If, however, they... Read more »
answered on Jan 18, 2023
The maximum rent increase in Oregon for 2023 is 14.6% over any 12 month rolling period. However, there are a small number of exceptions to the rent cap such as there being less than 15 years since the building got its first occupancy license or if it is part of a state or federal low income... Read more »
I have reported this to my landlord, property manager and leasing staff via email and in person more than 30 times since September 18, 2022, the day my neighbor moved in. But over 4 months later now very little has changed. My property manager kept asking me to present 3rd party confirmation but... Read more »
answered on Jan 18, 2023
First, if you are in Multnomah County and the dog either barks for more than 10 minutes straight or intermittently for more than 30 minutes, gather your proof (record it?) and file a complaint with Multnomah County Animal Control. The process can take some pursuit but they do try to enforce the... Read more »
My first car ended up breaking down a long time ago(maybe 2015ish?) and I ended up signing it over to a scrap yard as it no longer ran. In 2018 I got a call from someone claiming to be from a collection agency stating that it had been towed in a city I never go to (years after I had gotten rid of... Read more »
answered on Jan 10, 2023
If you want to do anything but have a Judgement entered against you, you must respond to the Summons and Complaint. It sounds likely that you failed to notify DMV when you turned the vehicle over to the scrap yard (as you were required to do) and they then did not scrap it. Tell DMV now, gather... Read more »
I had a letter from domestic violence help from tied to change they're going to help pay the back pay the rent of $1600 to the landlord was aware of that because I told him several times before court before you even serve me papers that my domestic violence Grant people would help with my... Read more »
answered on Jan 6, 2023
It is all in the timing. If you did not pay the rent owed in full by the end of the 72 hrs. specified in the notice, your landlord can evict. Period. He is not required to wait for some third party to pay the rent, whenever they get around to it.
I'm a domestic violence victim from the house I moved into with the person the perpetrated that assaults me so the land was supposed to come meet with me and do a lease he never came I had an extra key cuz I got locks change from types of change and landlord never came he told me every day for... Read more »
answered on Jan 6, 2023
You seem to be missing the recognition that rent has a due date. If not timely paid, the landlord can throw you out. IF the landlord is willing to wait for the possibility of a third party payment, fine. But you can not force him to and if you have not paid, in full, by the deadline in your 144 hr... Read more »
When I apply to rent new place court notes appear. I owe previous landlord 7,000
answered on Jan 6, 2023
As long as it is truthful. This is precisely the kind of information new potential landlords want and need to know. Why would a new landlord want to rent to someone that just stiffed their last landlord? It is always difficult to rent a new place after being evicted from a previous place.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.