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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If the rent is late what is the amount the landlord can charge you for the month?

My son's landlord is telling him he has to pay $50 every week that the rent is late. The landlord said he owes $200 for the rent being almost 3 wks late.

There is no contract written and there was no late fee price set when he moved in.

Gregory L Abbott
Gregory L Abbott answered on Jan 25, 2020

Late fees are legal and can be charged in Oregon but ONLY if they are first specified in detail in a written rental agreement.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I legally evict a tenant who repeatedly pays the rent/utilities extremely late?

I have a resident who has received two 72 hour notice of termination for non payment in the last 6 months. They always pay at the last minute and by then the rent/utilities are 14 days late. Is it possible to start an actual eviction in the state of Oregon based on repeated late payment? Or do... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 24, 2020

You can issue a 30 day for cause termination of tenancy notice giving them 14 days to "cure" the problem or 30 days to get out. If they do neither, then you can proceed to evict based on the 30 day notice. IF there is no repeat late payment between day 14 and day 30, they get to stay just as if... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant vacated house but left a car parked in the driveway.

Tenant previously stated the car did not run. Now they are not answering my calls or texts. The car is sitting right in front of garage door blocking access to one bay. Can I have the car towed to the street?

Gregory L Abbott
Gregory L Abbott answered on Jan 20, 2020

NO! You would be abandoning a non-working vehicle on a public street, which, of course, is illegal. I would first see if the police will have it towed since it is on private property and blocking access. If they refuse, there is a whole process for dealing with tenant abandoned cars that you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord question: one lease agreement with 3 persons, one moves out - can we start new rental term with the other two?

Rental term was November 7, 2018 to February 7, 2020, month to month thereafter, in city of Portland. One person is moving out voluntarily. We are considering putting the house on the market to sell. House used to be our own residence but when we moved out market was not good for selling. Can we... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 17, 2020

If the current lease is signed by 3 co-tenants and one wants out at the end of the lease term, then arguably they are the ones not renewing (as long as you offer to renew but only to all 3). Entering into a new lease with just the remaining 2 is certainly an option if all of you agree, but... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord entered my house while I was away on a work trip, they did not call me.

I was gone for a work trip for 3 days. While on my flight on my way home, I received a notification that my Ring alarm was going off and that there was entry through my front door. I texted my boyfriend and had him call the police for me since I didn’t have the ability to call while in flight.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Your consternation is understandable but IF they posted the notice on your door at least 24 hours before they actually entered, it most likely is legal since posting it on your main entrance door is a lawful way of serving you with the notice. Want to avoid a repeat in the future? When you leave... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Two different leases for one house and three roommates?

My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not pay her... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Sent 72hr notice nonpayment on 1/9/19, posted, mailed 1st mail, and email, on 1/14/20 still didn't receive any payment

Hello all, my tenant didn't pay Dec.2019 rent after 144 hour notice nonpayment, I filed an eviction and trial, The court grants default judgment in favor of defendant dismissing plaintiff complaint( because I didn't have proof of mail service) tenant didn't sign off certificate mail at USPS.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 14, 2020

No offense, but your posting does not make a lot of sense. You refer to serving both 144 hr and 72 hr notices; if both sides appeared in court, there would not have been a default Judgment since neither side defaulted if they showed up.

It sounds likely that a new 72 hr notice needs to...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the Oregon prorate rent law for tenants that give 30 day Notice?

This is my first time dealing with a disagreeable tenant situation as a landlord. So I wish to do this right.

Tenant gave oral 30 day notice on 1/4/20, followed by written notice on 1/5/20. As of 1/8/20 they have fully moved out. They have already paid rent for the month of January.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 9, 2020

Assuming you are referring to residential landlord-tenant in Oregon, and the tenant had a month to month tenancy, the written 30 day notice was required for them to terminate their tenancy and they owe rent through the latter of when they actually move out or the end of their 30 days per the... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager text the amount of rent? And it be legal?
Gregory L Abbott
Gregory L Abbott answered on Jan 8, 2020

It depends upon what you mean. Text and email are convenient, informal, methods of communication between tenant(s) and a landlord. They are NOT, however, a legally valid way to provide written notice to the other. So if you are asking can a landlord provide you the legally required 90 day... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a 10 day no cause eviction notice. LL locked me out of the house. Landlord then packed up

The remainder of my belongings and requested i come get my stuff and remove it from her property. I still have 5days left and inwas given a 24hr notice

Gregory L Abbott
Gregory L Abbott answered on Jan 6, 2020

Assuming you are referring to residential landlord-tenant in Oregon, there IS no such thing as a 10 day no cause termination of tenancy notice - you are entitled to 90 days prior written notice and even then only for a permissible reason. Locking you out is not lawful and likely entitles you to... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Fixed Term yearly rental agreement notice. Inside of 30 days...shouldn't I have received notice of increase by now?

Can they still increase if I renew? Usually, I get at least a 60 day notice with what they call an "offer" to renew...and always at an increase. If they increase by 7 to 10 percent, I might want to move, but without notice that doesn't give much time. Does the new Oregon law require them to notify... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 6, 2020

First, although you do not say, I am assuming you are referring to residential landlord-tenant in Oregon. If so, then one needs to carefully read your existing lease to determine what it says about termination and/or any form of renewal. That said, you are correct that you likely are entitled to... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do you still fall under tenant laws if there was never a lease or rental agreement? Lived in house for two years. Oregon

It's family. They decided to move to Texas and agreed to let us stay here until the house sold. 4 months and no sale but they want us out asap. Just need to know my rights as a tenant and how much notice they will have to give if we can't come to an arrangement. Thanks.

Gregory L Abbott
Gregory L Abbott answered on Jan 3, 2020

No rental agreement? Don't pay rent? Not likely to be a landlord-tenant relationship between you and them. IF no landlord-tenant relationship, likely means landlord-tenant laws do not apply. So you maybe able to be ejected but likely not evicted. An ejection can be filed without giving you any... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 3 strikes 90 day eviction. Do I still have to pay rent for those 90 days?
Gregory L Abbott
Gregory L Abbott answered on Jan 2, 2020

I am unclear what a 3 strike 90 day eviction is (generally 90 day notices are for no-cause termination notices), but regardless, a tenant always owes rent for every day they are in possession of the premises and additionally for any additional days required by a notice of termination of the... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: My landlord took away my ability to shower / bath with hot water, because I smoked near a window.

This has been resolved. Thank you for your time.

Gregory L Abbott
Gregory L Abbott answered on Jan 2, 2020

You don't begin to post enough information for anyone to be able to meaningfully advise you beyond the broadest of general landlord-tenant principles. I am guessing that your smoking near a window violated the landlord's smoking policy. If so, you may be subject to getting a For Cause termination... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: landlord accepts partial rent on different days of month for 11/2 years gave us 72 hr to pay dec. wants mom to move in

we gave $500 a week 1/2 ago since not out yet he gve the notice to evict in accordance to rental agreement thats never been followed

Gregory L Abbott
Gregory L Abbott answered on Dec 23, 2019

The exact details are critical here. IF the landlord has accepted partial rent payments for the current amount owed, you may well have a winnable waiver argument. IF there is a consistent pattern of accepting partial payment of rent, and he suddenly ceases to do that without any prior warning,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does a tenant still owe rent up until the end of landlords 30 notice even if they move out 2 weeks prior?

If the tenant moves out before the 30 days is up and has turned over the keys are they still entitled to pay up until the last 30th day? Or what if they don't return the keys at all but property is completely empty?

Gregory L Abbott
Gregory L Abbott answered on Dec 20, 2019

A tenant owes rent for every day they are in possession - and they are in possession until they either restore it to the landlord (usually by returning the keys) or the landlord reasonably knows or should have known that the tenant has abandoned their tenancy. In addition, a tenant owes rent... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I owe back rent if a tenant moves out before their 30 no cause eviction?

I rent out 4 bedrooms individually month to month leases & I don't live on the property. A tenant text with a 30 day notice which would end on 1/5. She was violating her lease by having continuous guests & I got the feeling she wasn't going to move so I served her a 30 day eviction which would end... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 20, 2019

So much depends upon the exact details, wording of notices, etc. What IS clear is that neither text messages nor email are a legal form of providing Notice to either a landlord or a tenant. It sounds likely that she may owe rent through Jan 11. I am unclear whether she has abandoned her tenancy,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I stil get a no cause termination (first year tenancy) even tho I've been in the complex for 6 years? Just new apt.

When the new owner took over in feb 2019. He had us all sign new leases. I was still in the old unit (where I lived 5+ years) when I signed it. Will that help my case since he MADE me move units in june?

Gregory L Abbott
Gregory L Abbott answered on Dec 16, 2019

I assume you are on a month to month tenancy though it is unclear what you mean by "he MADE me move units" - you had a lease presumably specifying your rental of that particular unit and where you would presumably be protected from no cause termination notices except for statutorily permitted... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict tenants with a 3 month lease for allowing a guest to stay past the lease allowable 7 consecutive days?

Either the tenants have allowed another person to move in or are calling him a guest, not sure as I am out of the country. I have composed a letter explaining the violation and plan on sending a "Notice to Quit" but am not sure if such a violation is considered "significant" enough for an... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 16, 2019

IF you believe the tenant(s) have violated the terms of their lease, your remedy is to issue them a 30 day For Cause Termination of Tenancy Notice. It gives them 14 days to "cure" the problem (e.g. throw the "guest" out) or 30 days to get out. If the guest is still there on day 15 and they fail... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens when new tenants can't move in because previous tenants vacate late?

I suspect that I will be in this situation shortly. I will, of course, offer to let the new tenants out of lease and/or prorate for them. Am I also at risk for damages?

Gregory L Abbott
Gregory L Abbott answered on Dec 13, 2019

You can be - it depends on your lease. Smart landlord's use a lease that expressly releases a landlord from liability if they are unable to provide the housing when promised.

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