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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: Im a landlord and my tenant has gotten an animal neglect charge from the city, is it on me at that point to evict her?

If I don’t evict will I be at risk of getting in trouble with the state for the animals neglected in my home?

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 10, 2022

Any attorney would need to know more to fully answer your question. For instance, does the tenant claim the animals a service animals? Can the tenants be given a no-cause eviction under the new laws limiting no-cause evictions? Do the tenants have any potential counterclaims? Can you prove a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Had inspection then received a notice we have to pay for repairs normally associated with moving out due Aug 18 in full

A bill almost equal to the rent for blinds painting door replacement ECT. Making our lives so stressed

They want to come in and inspect again and the 15th I believe and it states that we might incur more fees what can I do I can't afford 500 for a door even 500 hundred dollars by... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2022

The issue is not the timing - it is whether you are responsible for damage beyond ordinary wear and tear. If so, you likely owe the cost of replacement/repair. A landlord does not need to wait until you move out to do repairs. Indeed, many prefer to constantly keep their dwelling unit fully... Read more »

3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 1, 2022

It sounds like this tenant might be having a mental health crisis. I strongly recommend that you call Adult Protective Services in your county and ask them to make an immediate welfare check.

Anyone who is being assaulted should call 911.

In Multnomah County you can also call the...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I reported a hornets nest right outside my bdrm window. How long do I have to wait for an answer from my landlord?

It is a new nest of hornets & they look pretty angry, as it is very hot where I live in Gresham, OR. Both my Sister & myself (we live together in an apartment complex on the 4th floor). I noticed this hornets nest outside my bdrm window on Tues, July 26, 2022. We have both emailed the... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 29, 2022

Under Oregon law your landlord has to respond within a reasonable timeframe. If you have not followed up with them and notified them that you are highly allergic, I would recommend that you do. Most apartment complexes have an emergency maintenance line that you can call. If you have not called... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Did my landlord enter my unit without consent?

I submitted a repair request through a platform and under access instructions I wrote, "ask when I'm home," so they would schedule a time with me. They came by while I was getting ready to shower so ignored the knock but after about a minute they entered my unit and I had to run to... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 28, 2022

When a tenant submits a maintenance request, it is an automatic permission to enter during reasonable hours for the next 7 days - unless it is expressly qualified otherwise in the request. "Ask when I'm Home" is not sufficient, in my opinion, to deny a landlord's automatic right of entry.

1 Answer | Asked in Landlord - Tenant and Contracts for Oregon on
Q: So I have a bunch of questions, 1. Can you sue someone who evicted you during covid when not allowed and lock change

Also kept deposit and all my stuff

Gregory L Abbott
Gregory L Abbott
answered on Jul 25, 2022

It is unlikely that someone actually evicted you when they were not allowed to - if you believed they were not allowed to, you should have taken the matter to court and had a Judge dismiss their efforts. If, however, you simply moved out as a result of their request, that is not really evicting... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My wife and I are representing our son who is currently unable to manage his affairs.

He requested for us to terminate his lease and move him out.

Landlord stated we needed a POA. Our son has not been able to issue us a POA.

We have access to his portal at the landlords website, and paid his rent through their portal.

Is a POA mandatory to terminate our sons lease for him?

Gregory L Abbott
Gregory L Abbott
answered on Jul 22, 2022

The landlord has a right to insist upon proof of authority if someone else wants to terminate your son's lease. I am unclear as to his status, but presumably he originally signed the lease. If he has capacity to sign his name still, and understands what he is doing (which seems likely if he... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does Portland ordinance for tenants supersede my short term guess agreement with my tenants

I have a condo in SE and let in two people just prior to Covid with a short term guess agreement so we can see whether the relationship as tenants will work out. They are tending to the condo, but as of 4 months one of them has not paid rent as she is looking for work and financial support.... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 22, 2022

Short answer is no, you would most likely have to pay relocation fees and if you are terminating the month to month lease agreement and assuming that it has been more than 1 year they have been renting the property from you, you would have to give them a reason for termination of the tenancy. If... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord enter my apartment to do an inspection if I test positive for COVID-19?
Katherine Goodman
Katherine Goodman
answered on Jul 18, 2022

Generally, as long as your landlord has given you a written 24 hour notice to inspect the property, yes they can enter. However, you can decline as long as you are reasonable. You cannot completely deny them accessible and your landlord cannot harrass you or request to inspect the premises at... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do tenants have right to cure in Oregon with 30 days notice?
Katherine Goodman
Katherine Goodman
answered on Jul 12, 2022

It depends on the violation of the lease agreement. Under Oregon Law certain violations allow the tenant 14 days to cure the violation and if the violation is not cured by the deadline stated within the Notice to Cure, the tenant's tenancy will be terminated within 30 days of the notice being... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord terminate my lease and give me 30 days to move out because she’s selling the house ?

I live in Portland Oregon she’s tried to accuse me of having an extra tenant which it wasn’t it was a visitor. That had just come over then she tried to say I was in violation of my puppy I got rid of my puppy the next day then she said she’s selling the condo that’s why I have to move . My... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 9, 2022

Assuming your rental dwelling is within the Portland city limits, and you have been there for at least a year, you have to be given at least 90 days advanced written notice and that notice cannot be issued until after the landlord has accepted an offer to buy the dwelling from a buyer who certifies... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Personal Injury for Oregon on
Q: Who is responsible 4 damage caused by third party installation company (water damage/asbestos disruption in a rental)?

Washer/dryer, delivery/installation were purchased directly from a big box store (BBS). BBS hired a third party for D/I. Install done incorrectly, water flowed from washer during first cycle. Installer admitted & corrected install. Damage repair requires asbestos abatement. BBS says not... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 5, 2022

If you have not made a claim with your own rental insurance you should do so. Additionally, depending on what your lease agreement says you or your rental insurance may be responsible for the repairs and depending on the contract you signed with the installer/store as well. It is hard to say as... Read more »

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: What can I do if I hit a settlement but I didn’t want a settlement I asked my attorney I want trial

I took my rental manager to court after giving me 6 eviction and not fixing a leak and mold grew then the floor needed to be replaced I gave my attorney all fotos with evidence but he only presented one of a wall with mold nothing els I should of gotten 3 times my rents work but only got 12000 i... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 1, 2022

If you didn't agree or want the settlement, you should have declined it, even firing your attorney if you believe it warranted. But now that you accepted it, you live with it. Own your actions - and regardless, the court is likely to require you to do exactly that.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Comm- tenant rights/sublessor refuse written lease but a year-to-year agreement increases each yr

subleasing-1st year - Cohort approval and assignment of volunteer services in exchange for part-time workspace. 2nd year- automatic Cohort approval. office space and use of general areas in exchange for 20 hr. volunteer office coordinating training/ work & cleaning.

3rd-year backup... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 27, 2022

If you have agreed to a commercial rental without a written lease, it must be on a month to month basis. Among other things, that means the landlord can change the terms, space, rent, etc. at anytime with 30 days advanced notice. If you want something more stable, either get a fixed term written... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Hello, I recently renewed my rental lease for my apartment and im planning on terminating it early.

So, I recently renewed my lease and the current lease agreement states that the fee in the amount of $0(1.5 times the stated monthly rent if left blank) if I terminate my lease early.

but on my initial lease agreement. the lease agreement on this section was left blank instead of putting... Read more »

Katherine Goodman
Katherine Goodman
answered on Jun 22, 2022

Your current lease preempts your first lease and without seeing the lease agreement, it is hard to answer your question. But based on the current facts you have stated your current lease, which controls, you would have to pay 1.5 times the stated monthly rent if you terminate the lease early.... Read more »

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I recently bought property from a friend. We closed escrow May 13 but she won't leave. What do I do?

We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

You will have to hire a competent OR attorney to file an eviction proceeding.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord legally disregard a maintenance request because i owe unpaid rent?

I am on housing and have lived here since 03/2022 and my fridge has not worked since i moved in i informed my manager and she still hasnt sent someone out to fix it but she never forgets to ask me about my unpaid rent. Which os a whole other story. My question is can she legally procrastinate on... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 7, 2022

No, a landlord has the absolute obligation to maintain appliances and the dwelling in general as long as the tenant is in possession - regardless of rent payment status. Be sure you document the times you have reported the problem or requested maintenance. Once it has gone 10 days or so without... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to be pointed in the direction to file against my landlord. Due VERY UNSAFE dangerous situation by a tenant

Tenant in our bldg is severe fetynal/ meth user. He's been a a problem before we moved here last June. Been 7 months w/ us. Partner mental health is effected, I never had hi blood pressure. Dude has literally torn wires out of his walls sheet rock cut out, holes, literally he demolished it.... Read more »

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2022

I am unclear as to your goals. If it is to get rid of the fellow, that takes consistent, persistent pressure on the landlord. If the fellow is going to be out in a few days anyway, then your goal may simply be to recover some damages from the landlord. Whether that is likely takes a very... Read more »

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