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Questions Answered by Gregory L Abbott
2 Answers | Asked in Landlord - Tenant for Oregon on
Q: We are renting a house in Medford. Is our landlord required to mask before entering. We have at risk people. Thank you

Any law to point to or information that helps would be great. We are fine with them entering to inspect but we want to be safe.

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2021

I know of no law that requires a landlord to wear a mask while entering your home. That said, you absolutely have a right to require him and all with him to do so as a condition of entry during Covid times. I do not believe any Judge would consider that to be unreasonable and as Ms. Goodman... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: IF RENT IS A MONTH TO MONTH TENANCY, IS LANDLORD REQUIRED TO NOTIFY TENANT 90 DAYS PRIOR TO EFFECTIVE DATE OF INCREASE?

MULTNOMAH COUNTY, OREGON--OCTOBER 14, 2021

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

A landlord may not raise rent during the first 12 months of occupancy. Thereafter they can raise rent in a month to month tenancy with at least 90 days prior written notice that contains all the legally required information; that is lawfully served upon the tenant; and which does not exceed the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord breaches a contract with terms and conditions what can I do?

I have discussed the issues concerning 5 violations by the adjoining unit for 5 months now. I have been here for 16 years as a tenant and fully obligated by my signature and the manager that the rental agreement is followed and fair treatment to both parties.

Thank you

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

It sounds as if the alleged breach is between your landlord and neighbors. If so, you have little to say about it since it is not your contract with the landlord that is being breached.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I paid rent for July does the landlord have to wait until Aug 1st to serve me a 90 day eviction notice or start it
Gregory L Abbott
Gregory L Abbott answered on Oct 8, 2021

No, rent is pro-rated daily in Oregon and a landlord is free to issue a notice anytime he wishes.

1 Answer | Asked in Small Claims for Oregon on
Q: Im representing myself, How do you ask for extended time to answer
Gregory L Abbott
Gregory L Abbott answered on Oct 7, 2021

Everyone represents themselves in small claims court. You have to file an Appearance within the 14 days or face a default. You can file a motion asking for more time to answer, explaining why you need it. You best have a good reason or the Judge is not likely to grant it and you will start off... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Is there a statue of limitations in Oregon regarding civil suit?

Specifically in Umatilla Co.

Gregory L Abbott
Gregory L Abbott answered on Oct 6, 2021

Yes. What it is depends upon the nature of the civil suit or perhaps what claims are elected to be made - i.e. some events may give rise to more than one way of claiming damages and each may have a different statute of limitations.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord was told he was not allowed to contact us during the selling of the property we are living is this true

He was told this by the relastate company representative handling the property.

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

The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a non-refundable pet deposit actually be non-refundable? If it's a deposit, how can it be non-refundable?
Gregory L Abbott
Gregory L Abbott answered on Sep 27, 2021

Despite many landlords using the phrase for several years, there is no such thing as a "non-refundable deposit". Either it is non-refundable, in which case it is a fee and only specifically listed fees in the Oregon statutes are permitted to be charged (and a pet fee is not one of them)... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved out of a rental. The initial deposit was $800 of which the landlord returned $500.

It has been well over 31 days since we turned the property back over to the landlord. The only “written” itemized accounting we have received was via Facebook Messenger and/or email. It was not personally delivered or mailed.

They have claimed they’re withholding the additional $300... Read more »

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

You should sue for the $1600. If he wants the $500, let him counter Sue you for it - and prove it in court. That said, you may want to think about having an attorney represent you in regular court instead. The landlord has no incentive to do anything but go to trial in small claims. In regular... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Who makes the determination (if anyone) as to the livability/habitability of one's home?

Please understand that I am not asking whether I have a case or trying to provide any and all relevant details in the hopes that someone "buys" my story. I know that my home does not meet a number of the elements required for habitability (i..e., I cannot cook due to the lack of a vent... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 18, 2021

ORS 90.320 specifies the minimum habitability standards a rental dwelling must meet. Besides seeking monetary damages, you can also ask a Judge to Order a landlord to repair, with severe penalties if they do not. Review everything with a local landlord-tenant attorney.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Portland if a landlord sends someone to do an inspection, can I require them to wear a masking and gloves during?

Have an inspection coming up and I’m worried with COVID know my landlords that they will not follow proper health protocol and I am immuno comprised.

Gregory L Abbott
Gregory L Abbott answered on Sep 17, 2021

Certainly - you are free to put any reasonable requirements you wish upon anyone wanting to enter your home, just tell them ahead of time. If they don't want to comply, refuse entry. If they try to enter anyway, document it and call the police the same as you would for anyone trying to force... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... Read more »

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

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... Read more »

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

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my family is on quarantine for testing positive for COVID 19 can my landlord come in to do a inspection still?
Gregory L Abbott
Gregory L Abbott answered on Sep 8, 2021

You should deny him entry at least until after the quarantine is finished.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

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

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: (4) A judgment may not be enforced if the plaintiff has accepted rent

My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.

Gregory L Abbott
Gregory L Abbott answered on Sep 4, 2021

The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: How do I remove an abusive partner from my home?

We have lived together for the last 3 years. We have 2 children together. I am the sole homeowner and work full-time. She works part-time and refuses to leave because she can't afford to live on her own. She is extremely abusive to myself and our children. I have insisted that she needs to... Read more »

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

It depends upon whether she can legally be classified as a tenant. If so, you go through the hoops to terminate her tenancy and evict if necessary. If not a tenant (likely given your brief description), then you have to file to eject her from the house. Eviction and ejection share similar goals -... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have tenants that have lived with me for three years in Albany Oregon. For the first year they were on a year lease

Then defaulted to a Month to month. My husband needs the room for his sister, as she has no where else to go. By law can I give them a 30 day notice or does it have to be a 90 day? What are my options?

Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

You have to provide them with a written 90 day no cause termination of tenancy notice that specifies all the legally required information and which is lawfully served upon the tenants. See ORS 90.427

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can 10 people show up for a house showing that we were notice 24 with no. Realtor or owner present and no mask
Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

Of course they can - and you are free to decline them entry or to ask them to leave. If they don't, call the police.

1 Answer | Asked in Civil Rights and Small Claims for Oregon on
Q: In oregon how can I get my belongings out of a storage unit that is only in my daughter's na

We opened the unit together but I paid it.

Gregory L Abbott
Gregory L Abbott answered on Sep 1, 2021

When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... Read more »

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