Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent out a room in my house in central OR. Are there covid restrictions to evicting a tenant that is not working out?

I am in Deschutes Co. There are personality and lifestyle issues that make it uncomfortable in my home (nothing illegal though).

Gregory L Abbott
Gregory L Abbott answered on Jun 7, 2021

Yes, there are special legislative restrictions on terminating tenancies at least until July 1st. Even thereafter, you can only terminate a tenancy either for cause or without cause - and if without cause, it must still be for a permitted reason. The financial penalties to a landlord who makes... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I qualify for low income housing, I’m trying to break my lease.

My apartment manager says with my 30 days notice, I have to pay in full before I move out to break my lease. My name on the waiting list have been for a year and a half, I’m a single mom. I asked if I could make payments because I don’t have the money to pay all that in full, and pay my new... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 5, 2021

Your manager is correct about you being obligated to move out once you give written notice - he does not have to let you change your mind about either the date or if you are going to leave. He is wrong however about you having to pay any penalty before being able to leave. Make no mistake - you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I been living at my house for 1.5year and my landlord has gave me a 30day for cause eviction Can I ask for relocate $
Gregory L Abbott
Gregory L Abbott answered on Jun 3, 2021

You can ask but relocation assistance is only owed in no cause terminations and only if the landlord is not otherwise exempt.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord tried to kick me off property after being one day late on rent. He told me I have a few days. I refused

Until I has another place. 3 weeks later the barn and my trailer burned it was a complete loss. He didn't want to fix the electrical problem. So I had to start using a generator for power. That's what started the fire. So they say. He sexually harrased me the whole time I lived on his... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 2, 2021

I am not clear what you are asking. If the property burned, the landlord's insurance (if he does have any) is not likely to cover your property losses - that is what tenant insurance is for. If you had tenant insurance, you should have filed a claim. Same as to your motorcycle. If you do... Read more »

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Child Custody for Oregon on
Q: My wife assaulted me, she filed a false restraining order and kidnapped our kids and is using emotional blackmail.

She emotionally blackmailed me into not submitting any evidence at the trial, so she was found innocent. Now she is using the restraining order and the threat of arrest as blackmail to take full custody of our children despite me offering several reasonable alternatives involving joint custody. Can... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 31, 2021

It is not clear exactly where things currently stand. It sounds as if she assaulted you, was charged, went to a trial in which you failed to testify to the facts and she was found not guilty. She also obtained a restraining order against you prohibiting you from having contact with her or your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A friend was just evicted from an apt complex in Salem, Or due to her dog being off leash. Is there any recourse?

Animal control had gone out there but did not file a case, as there was no law broken from their perspective. No injury occurred due to this event

Gregory L Abbott
Gregory L Abbott answered on May 28, 2021

When you say they were evicted, do you mean they were told to leave and did? Or was an eviction lawsuit filed and they lost? Or is a lawsuit still going on? If they voluntarily left, or if they went to trial and lost, it likely is too late to do much. Otherwise they should immediately review... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is a 'Move in fee' allowed in Oregon?

Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?

Gregory L Abbott
Gregory L Abbott answered on May 27, 2021

One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month to month if I give a 30 day intent to vacate and then can’t can they make me leave on the exact date I listed

I am having a home placed and issues came up with permits and my move date needed to get pushed back a couple weeks and the manager said “no I can’t make an acception I have no wiggle room your apartment is already rented” I have no where to go with my kids

Gregory L Abbott
Gregory L Abbott answered on May 27, 2021

A landlord can hold you to whatever date you have submitted as your move out date - and, as you note, can rely upon it for re-renting purposes. That said, if you fail to vacate on or before the date specified, the only thing the landlord can do (besides stew, fume, rant, etc.) is file to evict you... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Respondent to RO is trying to bribe me with money to drop RO/not cooperate with DA, is this a violation of the RO?

My ex, a licensed PI, hit me multiple times with my 3 children present in a hotel room in Idaho last month, he ran so no arrest. The DA is pressing charges. I got an RO here in Oregon, he was finally served after he called 911 because he was withdrawing from fentanyl.

I didn't check... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 24, 2021

You are likely describing witness tampering - a serious crime. If you go along with it, you may committing a crime as well. Save the texts and show them to the District Attorney immediately.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: So am I required by law to let a new potential buyers in my unit while in contract with the previous owner? thank you
Gregory L Abbott
Gregory L Abbott answered on May 21, 2021

A landlord has the right to enter the rental dwelling to inspect, do repairs, and to show to prospective buyers or future tenants. There is nothing special about showing to potential buyers - at least 24 hours advanced notice is required unless the tenant agrees to an earlier entry. Tenant does... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is property ownership of the aparments property. In clackamas, Gladstone,required to notify the tenants of contact sale
Gregory L Abbott
Gregory L Abbott answered on May 21, 2021

Only if they intend to terminate the tenants tenancy and then, if they have been there more than a year and the property is not within the Portland city limits, only after accepting an offer to buy the property and the buyer certifies that they intend to occupy the property as their primary... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Apartments owner of property is in contract of sale are they required by law to notify tenants? Before ,while,or during
Gregory L Abbott
Gregory L Abbott answered on May 21, 2021

No, a landlord has no obligation to notify the tenants that he is putting the rental dwelling up for sale. When and if the property sells, then the current owner or the buyer will notify the tenants of where/when to pay their rent to the new owner. IF the new owner wants to move in and live there... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 17, 2021

Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Only eviction notice that we have received was from new owners lawyer that said we had 15 days to vacate, in Oregon.

We have lived on property for 15 years there was a landlord tenant relationship with the previous owners though we did not pay a monthly rental. They sold the property January 1st 2021 the new owner does not want to move in to the home ,but refuses to rent to us. The only eviction notice we got was... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 17, 2021

You don't say where you are in Oregon or if you are on a month to month tenancy or a fixed-term lease. You also don't say why there is a landlord-tenant relationship if you are not paying any rent. Regardless, the only way to know anything meaningful is for you to take everything to a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have decided to sell our rental. How many days do we allow the tenants to move out ? Our tenant has worked from home
Gregory L Abbott
Gregory L Abbott answered on May 14, 2021

It depends where the rental dwelling is and how long the tenant has resided there - more than a year? Statewide requirements are 30 days if there less than a year; 90 days if they have been there more than a year or if the place is in Portland city limits. Do understand that you cannot issue a 90... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the timeline to sue for the legal eviction . I was never evicted but all my belongings were moved 12/01/2019

She never took me to court he wasn't even the landlord her ex-husband owned the property I paid partial rent and she accepted it she kept all my items that were of value and destroyed my other items

Gregory L Abbott
Gregory L Abbott answered on May 14, 2021

Did you voluntarily move out or did the landlord terminate your tenancy? What Oregon County was the rental in? IF they disposed of your property, you likely have claims against them for your damages - both actual and additional statutory damages. You may have statute of limitations issues.

1 Answer | Asked in Domestic Violence for Oregon on
Q: how do i get my personal property from my ex that i have a restraining order on?

the police said its a civil matter if i want my 5th wheel, dirt bike and some other personal things back. I have a restraining order against him so i cant just go get my stuff. i went to prison for 3 years we were together 5years before that. i did sign the tittle over before i went in, in case... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 11, 2021

You raise at least two different potential issues - how to arrange to pick up your property and how to resolve disputes over who owns specific property. The later issue, if you can't informally resolve it, will likely require the assistance of a local attorney (who can also help with... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can first-month rent be prorated using the 365 days in the year formula?

We moved into a new apartment on May 5 because that's when it was made available. When the mgmt co prorated the rent, they used the number of days in the year formula rather than actual days in the month which makes it more costly. Is this legal in Oregon? Our rent is normally due on 1st. Our... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 8, 2021

Some, but not all, leases specify the formula to be used in calculating daily rent prorations. If it does, then the landlord is locked into using the specified formula. Otherwise, there is no legal requirement as to how to pro-rate daily rent in Oregon and I am used to seeing at least 3 different... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We were locked out illegally, and unable to access some of our things. What is the best way to get my things back?

We are within the 1 year statute of limitations in Oregon. Also, she locked us out of the home after I very clearly told her we were unable to finish moving out and we would be back and forth between towns to finish getting our belongings to our new place. We were not away from the premises for... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 7, 2021

The exact details are critical here to determining whether you have a strong case or perhaps no case at all. Review everything with a local landlord-tenant attorney if you want to find out your specific options, costs, and likelihood of prevailing. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... Read more »

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.