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Questions Answered by Gregory L Abbott

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Evicting a tenant without a lease?

I have been renting a room to make daughters boyfriend for the last 3 months. He has become violent and has a serious drug and alcohol problem. He has not paid rent this month which is due on the 1st. I want him out of my house for the safety of my family. He has no signed lease, and our agreement... Read more »

Gregory L Abbott answered on Jul 18, 2019

Much depends upon the exact details but you use a 72 hr notice for failure to pay rent and if he fails to pay within the deadline, proceed to file to evict. Drug, alcohol, and violence issues may or may not justify issuing a 24 Hr Notice or certainly a 30 day for cause notice. You will maximize... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Does the "Oregon Notice to Quit (non-compliance with lease)" apply to tenants on month-to-month or only a lease?

Gregory L Abbott answered on Jul 13, 2019

Not sure what specific notice you are referring to. A pay or quit notice gives a tenant 72 hrs. to pay past due rent. A non-compliance notice is usually a 30 day For Cause notice that a tenant has breached the lease terms in some way - has an unpermitted pet, makes too much noise, violates the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Must all tenants in please sign a notice to vacate form for it to be valid?

We hand wrote a sheet & signed it saying we planned not to renew lease(was not notorized). I took it to the office & they printed out an official form with both of our names on it saying it had to be signed, both our names were on it but I was the only one who signed it. (We decided we wanted to... Read more »

Gregory L Abbott answered on Jul 11, 2019

Yes, if more than one tenant is a signer of the lease, ANY of the signers can break the lease with their signature. This is because all of the signers are collectively "the tenant" and thus any one of them can terminate their personal tenancy but in doing so, they also terminate and "break" the... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Oregon on

Q: Hi thank you for taking the time to read my question. I have a contractor that I have started a small home project with

I had him replace widows, which started out wrong. He measured one of the windows completely wrong and we didn't discover it until they went to put it in and it didn't fit. Custom ordered mind you. He needed to fix that problem which is still incomplete from March 2019. I then, decided to let him... Read more »

Gregory L Abbott answered on Jul 10, 2019

You need to review everything in detail with a local attorney. Depending upon the size/dollar amount of the job, contractors are usually required to put their bids in writing and give you written notice of your rights as a homeowner and notice that if you pay the general contractor but he fails to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: If a person is in your house for less than year. Can I give a 30 day notice?

Gregory L Abbott answered on Jul 5, 2019

IF the tenant is on a month to month tenancy and has occupied the dwelling for less than a year, a landlord can terminate the tenancy without cause with at least 30 days prior WRITTEN notice (NOT email, text message, etc.) that contains the legally required information and which is lawfully served.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: In Oregon how long does a tenant have to file a lawsuit or start a a suit.

Gregory L Abbott answered on Jul 5, 2019

It depends upon what the basis of the lawsuit is alleged (and proven) to be. IF you are asking about residential landlord-tenant, and the basis is alleged to arise out of the rental agreement or Oregon's Residential Landlord-Tenant Act (as opposed, say, to allegations of a landlord's plain... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can a tenant get a restraining order on a landlord

Gregory L Abbott answered on Jul 5, 2019

Of course, assuming everything else qualifies. Just because someone is your landlord, it does not provide them any immunity or privilege to act unlawfully. But restraining orders have very specific criteria that must be met in full in order for a restraining order to be issued and/or upheld if... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Oregon on

Q: My 12 month lease expires in less than 30 days. How much notice is required for them to raise the rent?

My 12 month lease expires in less than 30 days and the property management company has not given us a new lease to sign yet. I emailed them a week ago and they are going to try to contact the property owner. I got the impression they might have forgotten about us. How much notice are they required... Read more »

Gregory L Abbott answered on Jul 5, 2019

Much depends upon the exact details of your tenancy but as a general rule, a landlord has to provide at least 90 days prior WRITTEN notice, lawfully served, of any rent increase. The rent cannot be raised more than 7% plus the annual CPI in any rolling 12 month period. If the dwelling is within... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on

Q: They were suppose to have deposit or portion by june 30th. I hand delivered it on July 1st

Gregory L Abbott answered on Jul 2, 2019

You can certainly argue that they received the refund as soon or sooner than if you had mailed it on June 30th and thus no penalty should be assessed, but the statute says the landlord shall return it to the tenant not later than 31 days and that generally means 31 days, not 32. Do note, however,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I was one day late returning deposit and tenant is texting me and threatening to sue me.

Would most attorney encourage tenants to sue

Gregory L Abbott answered on Jul 2, 2019

It depends upon the exact details and what you mean by being 1 day late returning the deposit. Does this mean you put it in the mail on day 32? Or personally handed it to them? Did it get mailed on day 31 but not postmarked until day 32? Generally, however, 31 days means 31 days and while you... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Oregon on

Q: I was told I would get a refund of money paid for cleaning and repair. It has been more than 30 days, no money returned.

I have phoned the Lynnwood, WA office and given a number to call in Texas. The number is either not aswered or there was no return to messages left at the Texas number or the Lynnwood number when I called to see if there was a different number. What should I do next? Thanks

Gregory L Abbott answered on Jul 1, 2019

Assuming you are referring to a residential tenancy issue, the landlord has 31 days after you restored possession to either refund your security deposit(s) and/or pre-paid rent or a written accounting for how much they were keeping and why. If they fail to do so, you are likely entitled to recover... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I do not understand the landlord exemption typed below to Senate Bill 608

(a) The first certificate of occupancy for the dwelling unit was issued less than 15 years

from the date of the notice of the rent increase;

Gregory L Abbott answered on Jun 28, 2019

Basically it means if the dwelling is less than 15 years old.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I am a tenant and I am moving. Our trash collection company told our landlord what we owe and she is now liable.

I need to know if its legal for them to tell our landlord our account information without our consent.

Gregory L Abbott answered on Jun 28, 2019

I am not quite clear about the exact details here but generally a landlord is liable to utility providers if the tenant fails to pay the bill, even though the bill is in the tenant's name. Assuming that is true in your case, then you cannot be surprised that the utility company tells the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can my landlord raise my rent 32% on July 1 because of a conversation about such increase in January before bill 608

We discussed this increase before senate bill 608, but I was not given the new lease to sign until three days ago and it is suppose to take effect July 1. I have not signed a new lease at this point. My rent is very low so I feel bad pushing this, but it does not seem to follow the new guidelines... Read more »

Gregory L Abbott answered on Jun 27, 2019

It does not matter when or what you "discussed" - assuming he is not exempt, a landlord may not increase rent during the first 12 months of your tenancy and thereafter must provide you at least 90 days prior WRITTEN notice of the rent increase, lawfully served and containing the mandatory specific... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: My landlord added her cousin to her mortgage. Is this enough to be considered as selling her home?

She gave my husband and I 40 days notice to move, 10 days more than the required if selling the home. But 50 days less than is required if her adding her cousin to the mortgage isn’t really considered selling her home. The reason I ask is because she gave us the notice right before I had major... Read more »

Gregory L Abbott answered on Jun 27, 2019

You don't provide enough information to understand why you believe a 40 day notice may be sufficient or the details necessary to determine exactly what sort of notice is required. Does the cousin intend to live in that unit? Nevertheless, just being added to a mortgage is not a sale. Title must... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can my landlord evict me because she doesnt want to pay me for work she asked me to do for her

In Feb we had a snow storm and a tree fell on the house we rent the landlord was 3000 miles away she asked me to handle all the projects to get the house fixed dealing with roofers,fence co. and gutter co. which I had to leave my own job several times to meet with and handle the entire oversight of... Read more »

Gregory L Abbott answered on Jun 25, 2019

She can try - she will have to give you a legally correct written notice, lawfully served, and then if you fail to pay by the time demanded, she has to file an eviction action in the local court. That will be your chance to defend against it, presumably on the basis that you do not owe her the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I live in Portland Oregon. I may be presented with a short term lease, as the landlord wants to evict me in 6 months

for remodeling. Can i legally refuse to sign a lease, without any recourse from the landlord (other than eviction)? If I refuse, can I assume I am on a month to month lease until eviction notice is given. I know they have to give me 90 day notice for eviction under normal conditions.

Gregory L Abbott answered on Jun 24, 2019

You don't say what your current living arrangements are - are you already in possession of the property? On a month to month tenancy? If so, you never are legally obligated to sign a lease. If you decline to do so, the landlord then has to act accordingly, which may or may not be a no cause... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: My next door bought home I am renting. I have 1 more year here. They want my backyard & garage. What are my rights?

I don't mind them taking garage as its unusable mold infested. They will own the property in 5 days and want the backyard for more outdoor space for their 6 and 3 yr old boys. I allowed them to take down the fence a few days ago as it was their son's 6th birthday party. I do have a 3 yr old lab and... Read more »

Gregory L Abbott answered on Jun 24, 2019

Much may depend upon what your lease says - IF you rented the backyard and garage (which you normally would have), they are yours and they have no right to intrude or use either without your express permission. Presumably if you are agreeable, and they want to regularly use them, your rent needs... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Son Brett (disabled) owns home. Son Todd lives with son Brett. Todd moved girlfriend in 2 1/2 yrs ago. She doesn't pay.

Todd and girlfriend are in process of breaking up. She is leaving premises. How long does she need to be gone from premises so that Brett can legally refuse to let her return.

Gregory L Abbott answered on Jun 15, 2019

It is not a question so much of length of time but rather intent. If it is clear she is terminating her residency there, that is all that is need once it is completed, ideally by returning her keys. If she fails to actually move out, Brett likely can go to court to force her out. The real issue is... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can my landlord raise rent in less than 90 days because she is unsatisfied with yard care we agreed to do?

We had a verbal agreement that the tenants would care for the yard in exchange for reduced rent. The landlord is unsatisfied and sent a text message that she would be increasing rent. Will she still need to provide written notice (not text message) and will she have to wait 90 days for the... Read more »

Gregory L Abbott answered on Jun 12, 2019

You don't provide enough details to answer with certainty but generally, and likely, you are correct that at least 90 days advanced WRITTEN notice, lawfully served, is required to raise rent in a non-week to week tenancy and can only be raised after the first 12 months of the tenancy. The raise is... Read more »

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