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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can first-month rent be prorated using the 365 days in the year formula?

We moved into a new apartment on May 5 because that's when it was made available. When the mgmt co prorated the rent, they used the number of days in the year formula rather than actual days in the month which makes it more costly. Is this legal in Oregon? Our rent is normally due on 1st. Our... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 8, 2021

Some, but not all, leases specify the formula to be used in calculating daily rent prorations. If it does, then the landlord is locked into using the specified formula. Otherwise, there is no legal requirement as to how to pro-rate daily rent in Oregon and I am used to seeing at least 3 different... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We were locked out illegally, and unable to access some of our things. What is the best way to get my things back?

We are within the 1 year statute of limitations in Oregon. Also, she locked us out of the home after I very clearly told her we were unable to finish moving out and we would be back and forth between towns to finish getting our belongings to our new place. We were not away from the premises for... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 7, 2021

The exact details are critical here to determining whether you have a strong case or perhaps no case at all. Review everything with a local landlord-tenant attorney if you want to find out your specific options, costs, and likelihood of prevailing. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling our home. How much can new owner raise our rent?

We have been in the home for 12 years.

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

Assuming you are on a month to month tenancy, the new owner can raise your rent the same amount the old owner could - currently 9% over any rolling 12 month period, with at least 90 days prior written notice. If you are on a fixed term lease, then rent likely cannot be raised until after it... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Please letting is know how to legally avoid to pay the reallocation assistance fee to tenant under the below situation?

We are the landlords of a house that has rented to tenant in Portland. The original lease date was on October 01, 2018 to October 01, 2019. After the leasing ended, we renewed the lease with tenant and the lease would end on April 01, 2021. However, on March 15, 2021, we sent to tenant a lease... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

You appear to be just racking up potential violations that may come back to haunt you. You don't say what the existing/now expired lease provides regarding renewal but within the City of Portland, a landlord is required to offer a renewal lease unless you meet specific criteria. And in all... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: See below.

I'm seeking representation as the tenant (plaintiff) in a Lawsuit Relief Complaint: Injunctive Relief Case in Multnomah County, Oregon. This is a housing matter.

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

As a condition of appearing on Justia, attorneys agree not to solicit clients and it is a Q&A forum, not an attorney employment board. You need to simply contact various attorneys you may be interested in discussing the matter with directly and go from there.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I did a walk through of a rental unit and liked it. I signed the lease, but when moving in was given another unit.

I videotaped my walk through of the unit with someone from the Rental management company. My wife and I signed the lease and went to move in a few weeks later. We walked up to the unit only to discover that someone else had moved in. We were in shock. We went around the side and found the... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

What did the lease you signed say - did it specify the unit # that you toured or the one you moved into? When you did the walk through - was it represented as being the specific unit or as being representative of the available units? If you videotaped the walk through, listen to the audio... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the owner of my rental give my contact info to the potential buyer to arrange an inspection w/o notifying mgmt comp?

I live in Beaverton, Or. I have lived in this specific rental for 10 years. Always paid rent on time, never had complaints, keep my home in perfect condition. A few months ago I put in a reasonable accommodation to have the owner paint the upstairs due to ghosting from the vents- I have a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 29, 2021

The current owner or property manager are the only ones that can legally direct you where to submit future communications. It sounds as if you have a fixed term lease that expires in the end of October. If so, the landlord cannot require you to vacate sooner. IF they want you to, and you are... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to sell a rental and understand I can if the purchaser moves in and I give tenant 90 day notice. True?

tenants have lived there for over a year and are on month to month. Looks like I can sell the unit if who ever purchases it moves in, and I give the tenants 90 notice. I know I will have to pay the moving costs Portland makes landlords pay the tenants.

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2021

Yes, even with the current Covid restrictions, a landlord can sell the rental dwelling if they jump through all the correct hoops. You must first have accepted an offer to buy the property and have the buyer certify that they intend to occupy the property as their primary residence. Then, you... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Collections for Oregon on
Q: Statute of limitations for 10-year debt?

Hello,

I received a collection notice from a debt collector (from old phone company) for a 10-year debt. Are they within the SoL to collect? I wrote and confirmed the balance owed from 2011, but had never received a bill for this balance until last week. I haven't received any other... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2021

Whether it is past the statute of limitations depends on a few things. First, exactly what is trying to be collecting upon? The original debt or a court judgment against you arising out of that debt? IF it ever was reduced to a court Judgment, Judgments in Oregon are good for 10 years and maybe... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland OR landlord asking for 3 months rent at time of signing as well as last month's and security deposit. Legal?
Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

Most likely no. City of Portland limits the amount of a security deposit a landlord may require. Oregon laws prohibit charging of fees except those expressly listed in the law. A security deposit is defined to be a refundable deposit, however otherwise designated. A Fee is defined as anything... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I challenge a declaration of an inability to pay rent for someone who rents a room in my residence and is employed?

He has been employed for most of Covid and received a stack o f unemployment checks for that time. His rent includes all of his bills, so he only pays for his food. He has not paid me any rent since June of 2020. He refuses to move out and refuses to clean. He tries to instgate fight to try to get... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

No, part of the Covid moratorium laws re landlord-tenant specify that a tenant's declaration regarding inability to pay rent cannot be challenged in court. But it does sound as if you may have grounds for issuing for cause termination notices - and they are not prohibited during Covid (except... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: LL sent 2 unlawful no-cause eviction notices last year I just got a 90 day notice because she’s moving back. Legal?

Last summer I first got a 30 day notice and after I sent her info showing it wasn’t legal she sent me a 90 day notice. Still unlawful. I believe she was looking to give whatever legal reason for evicting me so she said she was moving back in. . Some months have gone by and today I got a new 90... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

Yes. There was a time under the Covid restrictions when all no-cause terminations were prohibited but no longer. Further, at the moment at least, almost all Covid moratorium restrictions re landlord-tenant law in Oregon are scheduled to expire as of the end of June. Depending upon the details of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland. Sublet to roommate, multiple lease violations. Gave 30 day notice to vacate, allowed? Will court even process?

Thank you for your help. No cause 30-day notice seems to be unenforceable until after 06/30/21 based on HB 4401. Roommate smoking which is causing health issues for other roommate in same house. Should I give for cause instead? Is 30 days allowed when in the same dwelling unit? I'm subletting... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 22, 2021

First, be careful as subletting violates most lease agreements, at least without your landlord's express permission. Most no cause terminations are prohibited during Covid. Most for cause terminations are allowed (except for failure to pay rent) during Covid. The question is whether you have... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My father has advanced Alzheimer's and is bedridden in the Portland VA hospital waiting for an open hospice bed.

My uncle has General Durable POA over my father as my mother just passed unexpectedly November 29th 2020 and we need to sell their condo. My uncle is in Tennessee and my oldest son and his girlfriend are living there and she is refusing to leave without an eviction notice. They have never signed a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 21, 2021

Time to review everything with a local landlord-tenant attorney. Depending upon the exact details, you likely will need to file a lawsuit to eject them (as opposed to evicting them). Regardless, neither ejection nor eviction are do-it-yourself projects and are quite technical legally speaking.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent month to month my landlord said she’s selling the house and I have 30 days to get out I’ve lived there for eight
Gregory L Abbott
Gregory L Abbott answered on Apr 20, 2021

Time for you to review everything with a local landlord-tenant attorney. Your landlord can terminate your tenancy BUT ONLY after having actually accepted a bid and having the buyer certify that they intend to occupy the dwelling as their primary residence. Then, and only then, the landlord must... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own a house just outside city of Milwaukie, OR. Renter now over $12k behind and has stopped paying altogether.

Does Oregon law allow us to sell the property during COVID crisis? We know penalties for selling may be stiff but have not been able to find out what they may be in our area. Tenant has lived over one year and annual lease is up on June 30, 2021.

Thank you.

Gregory L Abbott
Gregory L Abbott answered on Apr 19, 2021

When you say your rental property is "just outside of city of Milwaukie", I am interpreting that to mean it is not within the Portland city limits (Portland rules are different). You are free to sell your home anytime, regardless of Covid. If the buyer wishes to use it as investment... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant refuses to leave, can I sue them for all my assoc. expenses including my storage fee since I can’t move into unit

I bought property to use as primary residence and gave tenant proper 90 day notice. With two weeks to go tenant asked for addtl month but I explained that I had to put my belongings into storage pending gaining possession of property and also had a family member who needed to come stay at the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 14, 2021

You are most likely stuck going through the court eviction process. IF they filed an Answer and requested a trial, the winner should get a Judgment against the loser for their court costs and attorneys fees. As for the rest of your expenses, in my opinion you have a poor chance of successfully... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If the landlord did not provide a tenant with a lease agreement copy, and loses the original copy in the state of Oregon

Does the lease default to a month-to-month contract. There is no evidence of a lease.

Gregory L Abbott
Gregory L Abbott answered on Apr 13, 2021

Technically no since both parties, if asked under Oath, have to admit to there being a written fixed term lease. Beyond that, however, the burden to prove the terms of the written lease rests on the party trying to assert the lease terms. If the other side agrees (such as the lease terminated on... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If landlord serves me a 90 day no cause eviction letter. Can I give 30 days notice and not be liable for 60 days rent?

Basically am I liable for 2 months rent?

Gregory L Abbott
Gregory L Abbott answered on Apr 10, 2021

You must be on a month to month tenancy to be given a 90 day no cause notice, and it must be for either the landlord to move an immediate family member in or because he has sold the place and the buyer wants to live there as their primary residence. The notice had to have been in writing (no text,... Read more »

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