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Oregon Landlord - Tenant Questions & Answers
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

James L. Arrasmith
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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

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does not personally delivering a termination notice invalidate it?

My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 13, 2023

Assuming you are talking about a rental in Oregon, yes, technically only three methods of service are valid - personal, by mail, and/or posted on the door and mailed if a written lease provides for it. Leaving it in the laundry room does not comply. A creative attorney for her might be able to... View More

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does not personally delivering a termination notice invalidate it?

My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Oregon, the validity of a termination notice largely depends on the method of delivery stipulated by state law and the terms of your lease agreement. If both state law and your lease specify certain methods of delivery, such as hand-delivery, first-class mail, or posting on the premises, and... View More

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1 Answer | Asked in Contracts, Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: My landlord in Oregon used “landlord retaliation” to make me leave. Can I sue or counter sue them and in what court?

After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a tenant break a commercial lease?

I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my landlord states, “even if there is no animal urine,” but continues to charge me. Can I fight them and win?

-I transferred units and they did not charge pet fee for my current unit.

-They also are charging me for bleach stain(s) however there was only one stain in one bedroom. Even their supporting documents show one

- they could not answer me when I asked them what bedroom are the... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 16, 2023

I am not clear as to your current status - are you still in possession and an active tenant or have you restored possession to the landlord, moved out, and now are dealing with the landlord's accounting and attempt to charge you? One bleach stain sounds to be chargeable to you and they should... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are landlords in Oregon and had a tenant refuse to renew a 1 year lease and the tenancy reverted to month to month.

We received an email 30 day termination notice from the tenant on the first of the month stating they were moving out the second week of the following month(40 day notice). The tenant is demanding that we refund the last 20 days of the month that they prepaid with a last months rent deposit since... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2023

Your tenant is correct that rent accrues and is prorated on a daily basis so they would be entitled to a refund of their prepaid rent for the balance of the month. However, that all is based upon their providing you with at least 30 days advanced written notice of their termination of tenancy.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Am I required to pro-rate rent of a month-to-month agreement if a tenant gives a 30-notice of termination in Oregon?

Our tenant gave a 30-day notice that she was terminating our month-to-month rental agreement on September 10. She claims that we are required to prorate for that period and only charge her for the 10 days she lived in the house in September, not for the full month of September. The agreement begins... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2023

It depends what you mean. IF she gave at least 30 days advanced written notice, and the notice contained all the required information and was lawfully served, then she owes rent through the 30 day notice date or when she restores possession to you, whichever is later. However, if that date falls... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A neighbors dog barked. My dog then pulled and broke his harness and ran over to the other dog.

The other dog was injured slightly. The officer investigating the incident found that our dog was not a threat. The vet that looked at our dog said our dog was very friendly and not aggressive. Other neighbors also say our dog had never acted aggressive or in a threatening manner. However the... View More

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

Assuming your landlord has issued the required notice, containing the required information and lawfully served, your choice sounds to be remove the dog; get out; or be subject to being evicted. Your dog has demonstrated aggression and you have demonstrated a failure to maintain your leashes in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Rental company sent out employees to do repairs without giving 24 hour notice and never discussed. What can be done?

Employees showed up to do repairs that were never discussed with the manager. I stated you need to give 24 hour notice and he said not if its outside and to call her or the police. She wouldn't answer the phone. This was not an emergency and I did not request it. Before they left I saw them... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 4, 2023

If the yard is a common area shared with other tenants, or it is an emergency (pipe burst, etc.), then they likely don't have to provide you 24 hr notice. If you have requested repairs, they can enter without 24 hr notice for 7 days following the repair request, longer if they are in the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What can I legally do about mold in my kids bedroom and weakened floors in my apartment, landlord refuses to fix.

My apartment has weakened floors, a mold issue and the landlord gives excuses on when it’ll be fixed. I’m still paying rent but behind due to injuries sustained earlier this year. I don’t make much money as I barely get by. I’m curious as to what steps I can take to get this taken care of.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

An Oregon attorney could advise best, but your question remains open for a month. I could only speak for the mold issues. You could reach out to attorneys to try to set up a free initial consult. I'm not familiar with Oregon case law on mold, but nationwide, they are difficult cases - many... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon is it legal to charge tenants for outside electricity, water/sewer, garbage, road repair? Bc Davenport apts is
Gregory L Abbott
Gregory L Abbott
answered on Sep 2, 2023

Yes they can charge you for utilities that benefit other tenants or common areas IF they tell you so in a written lease, tell you the formula used to determine the amount, etc. They also have timing and disclosure requirements. Check out ORS 90.315 for the statutory requirements. I question whether... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: If a landlord doesn't bill you for utilities for 3 yrs can he evict you for non payment, or insist you pay all of it

Does anyone there have an answer to question.

Gregory L Abbott
Gregory L Abbott
answered on Aug 16, 2023

You need to read the lease very carefully but it is unlikely. First, there is a 1 year statute of limitations on most claims arising out of a rental agreement. Second, if utilities are billed by the provider to the landlord, and the landlord intends to bill them on, in part or whole, to the tenant,... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What reasons can a landlord use to evict a month to month, 3 months old tenant agreement
Gregory L Abbott
Gregory L Abbott
answered on Aug 8, 2023

As long as the tenant has been there for less than a year and they are on a month to month tenancy, a landlord is free to terminate their tenancy without cause by serving the appropriate notice(s). Whether 30 days or 90 days notice is required depends where the rental is located, as is any... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Oregon on
Q: Hello, I am a 54 year old lady .I live in an apt. building that has shared bathrooms and kitchens.On 3 occasions

I have fallen due to there not being any non slip on this floor and or beacause of a faulty drain system, which I have repeatedly e mailed the owners/ manager about only to get no response at all.

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. A local attorney would be familiar with any applicable building or safety codes for multi-family dwellings. However, from the standpoint of general legal principles (regardless of a city's building codes),... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long does it take a landlord to legally evict me in Oregon?

I have lived in my apartment for two months now and recently told the landlord about a massive amount of black mold we found in our bathroom that was not disclosed to us before we moved in. My wife got sick and one of the diagnosis was possible black mold in the house. I checked the house... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2023

No. A landlord can only get rid of you with advanced written notice. How much notice depends upon what grounds he has to terminate your tenancy. It is unlawful to terminate your tenancy out of retaliation for complaints and the Sheriff can only throw you out after a Judge orders it. If the landlord... View More

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