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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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?
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 »
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 »
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 »
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