Questions Answered by Gregory L Abbott

Q: I have a rent increase notice, my address is on the second line for tenants and the address line is blank. Is it valid?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 22, 2019
Gregory L Abbott's answer
I know of no requirement that a tenant's address be on the rent increase notice per se, assuming you only rent one dwelling unit from that landlord. Other issues, however may or may not invalidate the notice - amount of increase; when and how much any previous rent raise occurred; how long you have lived there; what type of tenancy you are on; whether you are within the Portland city limits; how the notice was served; what date the notice was served and what is the effective date of the rent...

Q: Can LL increase rent by 9.5 % w/90 day notice at end of fixed lease w/o triggering relocation per city of Portland?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 22, 2019
Gregory L Abbott's answer
It depends upon how large the prior rent increase was - a landlord cannot increase rent more than 10% over a rolling 12 month period without incurring the relocation assistance payment obligation in Portland. That said, if the last rent increase was 10 months ago, and they are giving a 90 day notice now, that would suggest that the raise 10 months would not be an issue since it would be 13 months prior to the effective date for the new rent raise. The landlord was, however, obligated to...

Q: Received a 90 day eviction notice after being a tenant for 15 years. The only cause is the home needs repairs, rights?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 22, 2019
Gregory L Abbott's answer
Assuming Mom is on a month to month tenancy and not within the Portland city limits, the landlord likely has the right to do exactly what you say they have done IF the tenancy is being terminated because the landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and the premises is unsafe or unfit for occupancy; or the dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations. As for raising the rent, arguably the landlord...

Q: In OR if I give a 90 day notice to a tenant and they gave a 30 day notice does theirs trump mine? Do I pay 1 month rent?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 18, 2019
Gregory L Abbott's answer
Yes, I think you do owe them the month's rent payment, assuming you are not exempt from having to pay it to begin with. The statute reads that you were supposed to include that payment with your termination notice which, as I understand your posting, occurred before they responded with their own 30 day notice. Thus you owed it and their subsequent getting out sooner than your 90 days does not change that. IF you gave a 90 day no cause termination notice (with a valid reason for said...

Q: How much notice am I required to give my landlord if I have lived in a rental over 1 year?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 17, 2019
Gregory L Abbott's answer
Assuming you are on a month to month tenancy, a minimum of 30 days advanced WRITTEN notice (NOT email, text, etc.). If served by mail, it must be mailed regular first class mail - not Certified - and you must add an additional 4 days, including the day of mailing.

Q: In Oregon who's responsible for a rodent ingestion in your place the tenant or the landlord?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Apr 16, 2019
Gregory L Abbott's answer
The statutes are clear - it is your landlord's obligation to get rid of vermin, pests, rodents, etc. IF he can prove, however, that the tenant is the cause of the infestation or problem, he can then charge the tenant for remediating the problem but either way, the landlord has the duty to fix the problem and worry about whether he can charge the tenant for it afterwards.

Q: I moved out of a place and didnt wipe out the fridge or pull some screws out of the walls

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 9, 2019
Gregory L Abbott's answer
No, I would not consider wiping out the fridge and removing a few screws (how MANY screws are we talking about?) to justify charging you $1000. That said, one would need to do a careful analysis of the landlord's accounting to determine whether it is worth suing over in court. Consider reviewing everything with a local landlord-tenant attorney if you really want to consider pursuing the matter.

Q: Can my landlords give me a verbal 60-day notice? I am currently on a month-to-month verbal lease.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 6, 2019
Gregory L Abbott's answer
It all depends upon what you mean. Neither your's not your landlord's verbal termination of tenancy notice is valid or enforceable. You would owe a minimum of 30 days prior WRITTEN (not email, text, etc) notice to him and he owes you at least 90 days prior written notice to terminate your tenancy. Plus he can only terminate your tenancy for a very limited number of specific reasons if you have been there for more than a year.

Normally a landlord must prorate your rent on a daily basis...

Q: In Oregon, what is the highest late fee my landlord can demand? My monthly rent is 885.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 2, 2019
Gregory L Abbott's answer
It depends upon what sort of a late fee he is assessing - once a month; 5 days late at a time or part thereof; daily; etc. Regardless, in order to charge any late fee, it must be specified in your written rental agreement along with the method and/or amount to be charged and starting upon what date each month. Regardless, you, of course, should always maintain records of how much rent you have paid and when it was paid, with proof (canceled check, money order stubs, receipt signed by...

Q: If my manager hasn’t fixed my unit and when I moved in it was infested with rats they’re chewing holes coming inside

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 27, 2019
Gregory L Abbott's answer
Your solution should have been to force the manager to comply with his obligations to correct the problem, not break your lease terms to try to do the job yourself. Perhaps a Judge will let you off the hook if it comes to that but that is a true gamble and one which could end up with you being removed and having an eviction on your rental record if you don't get rid of the cat. You say you have complained many times - did you put the complaints in writing and keep a copy? You may have claims...

Q: I need advice for court tomorrow morning

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 24, 2019
Gregory L Abbott's answer
Assuming you are talking about being in landlord-tenant court, be sure the Judge knows you are already out. As long as that is true, the case against you should be dismissed (all landlord-tenant court does is decide who is entitled to possession - the tenant or the landlord. If you are already out and restored possession to the landlord, there no longer is anything for the court to decide and the case against you should be dismissed. If your ex is still there, then the case may still continue...

Q: My landlord gave me a notice of rent increase letter in January 2019, but the pet rent was listed incorrectly.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 21, 2019
Gregory L Abbott's answer
Ultimately it would be up to the Judge to determine but I think the better argument is that rent is defined to mean "any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises." ORS 90.100(37) and therefore it encompasses the total raise...but it also may depend upon the exact wording of the notices. Perhaps you had a valid...

Q: I was behind 2 months on rent of 1000 a month. Paid 2000 to get current. Landlord trying to charge 250 late fee. Legal?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 17, 2019
Gregory L Abbott's answer
It depends - there are a variety of legal methods of computing and charging late fees. All, however, require that they first be specified in written rental agreement or they are not valid. Check your lease to see what it says and then, if you still have questions, consult a local landlord-tenant attorney. A single visit should be able to answer your questions.

Q: Can a DVC from Wyoming be used in Oregon and made to take classes in Oregon if it didn't happen in Oregon

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Answered on Mar 17, 2019
Gregory L Abbott's answer
Most likely yes. If he wants to get out of prison early, he must agree to comply with and be under the supervision of a parole officer. That officer has great latitude and authority to require his parolees to do a variety of things and certainly insisting upon the successful completion of domestic violence classes before allowing you contact makes a great deal of sense and is protective in nature.

Q: My property owner intends to sell and served us a termination of tenancy notice. Am I entitled to relocation assistance?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 16, 2019
Gregory L Abbott's answer
First, it depends if your rental dwelling is within the Portland city limits. If so, with the 90 day no cause termination notice should have come not only notice of your rights but also notice of how much you specifically have coming. The amount depends upon how many bedrooms you are renting. Any payment you have coming should be paid to you at least 45 days prior to the termination date specified in the notice. If the landlord has not complied with any of this, consider reviewing everything...

Q: Renting in Oregon. Regarding ORS 90.260. 5 days late. Landlord opting for per-day fee. How does the fee cap work?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 14, 2019
Gregory L Abbott's answer
It sounds as if the landlord is trying to charge a per day late fee - which is only legal if that is explicitly specified in the written lease. Even then, a per day late fee charge cannot exceed 6% of a reasonable once a month late fee - i.e. if a reasonable monthly late fee is $100, then the daily late fee cannot be more than $6.00. A landlord can also charge (IF specified in the written rental agreement) a 5% of the monthly rent for each 5 day period, or part thereof, the rent is late. Or...

Q: I gave 90-day eviction notice to my tennants. 90th day is last day of rental agreement. They're still bound 'till June1?

1 Answer | Asked in Small Claims for Oregon on
Answered on Mar 11, 2019
Gregory L Abbott's answer
Your posting raises several potential issues, some of which require further information before being able to be answered, most notably whether you can terminate the tenant's tenancy under the new State law. Some of your questions though are quite answerable. First, the tenant owes rent for every day they are in possession, even if those days are after their tenancy terminates pursuant to a written lease agreement. If you have a term lease, the tenants are presumably also liable for full...

Q: I need an attorney.

1 Answer | Asked in Personal Injury, Elder Law, Landlord - Tenant and Libel & Slander for Oregon on
Answered on Mar 8, 2019
Gregory L Abbott's answer
It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.

Q: Regarding new rent laws I received no cause 60 day on Jan 11 outdate isMar 11. Is this still legal?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 6, 2019
Gregory L Abbott's answer
Assuming your 60 day notice was otherwise fully valid and lawfully served, the new landlord-tenant bill signed by the Governor on Feb. 28 does not invalidate your notice - it applies to those notices issued on Feb 28 or later only.

Q: Milwaukie Oregon - 68% rental increase with “day 1” of the 90day notice being 2/27- day 608 too effect. Is this ok?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Mar 6, 2019
Gregory L Abbott's answer
No one can tell you whether the notice is valid without seeing it but first, the governor signed the bill into law, and it became effective, Thursday, Feb. 28, so if your notice was postmarked on Feb 26, it is not defective because of the date it was issued. If you want to know for sure, you need to take both your lease and the notice to a landlord-tenant attorney for review. Depending upon whether the landlord bills you for any utilities (water? sewer? trash?), you might want to have the...

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