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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent an apt. Out only on a week to week. I have someone that refuses to leave after being asked to by owner and mgr.

Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be... Read more »

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

Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am currently renting a room in a house for the past 5 months. The washer and dryer are in the kitchen.

The landlord has informed us that the water supply to the washing machine in the kitchen is being disconnected. A reason is not being given. The landlord pays for water. Is this legal? Is the landlord required to give me a discount in my rent, since I moved in with the understanding that I could do... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2020

A landlord does not need to provide appliances at all to a tenant. But if they elect to do so, then they are obligated to maintain, fix, repair or otherwise continue to provide the same or better level of service to the tenant throughout the tenancy. So your landlord is free to remove the washing... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord remove the refrigerator, stove and microwave from my house after I have lived there for 5 months?

I am behind on my rent for November due to Covid and I think he is doing it to retaliate. I live in Portland in Multnomah County.

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2020

A landlord has no obligation to provide any appliances. However, if they do provide any, it is their duty to maintain and repair those appliances since they were part of what you're paying rent for. If he refuses to replace them, you likely have claims against him. If your dwelling is within... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has shut off my power and there has been no eviction filed what do I do to get my power back on

There are many other issues concerning my home as far as habitable standards like no heat all power is run threw drop cords there is only cold water in the bathroom sink and no hot water at all

Gregory L Abbott
Gregory L Abbott answered on Nov 18, 2020

It sounds as if you may have a variety of claims against your landlord for damages. You may wish to consider reviewing it all with a local landlord-tenant attorney to identify potential claims and to create a game plan for how to best proceed. It may also be that a stern letter on attorney... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in OR. my landlord is forcing me to submit notice to vacate while denying showing me proof to her validity. ?

Is this allowed? I asked my landlord if she would show me the surveillance footage of my visitor (not me) committing a crime in the lobby of my apartment, just so I can verify that she is telling the truth, before I start packing my items. Not an unreasonable request, right? but she said she is not... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 18, 2020

I also got your phone message - and called back, tried to leave a voicemail but your mailbox is full and not accepting new messages. Much depends upon the nature and seriousness of the alleged violation but no, you don't have to voluntarily terminate your tenancy. Your landlord likely wants... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a landlord demand that we increase our renters insurance to $300,000? We are perfectly fine with the amount we pay.
Gregory L Abbott
Gregory L Abbott answered on Nov 13, 2020

In Oregon, a landlord can require a tenant to carry up to $100,000 insurance coverage if they jump through the right hoops.

1 Answer | Asked in Domestic Violence for Oregon on
Q: There is a no contact & restraining order on my husband. I want him home

He talked to his lawyer and she said “let me see what I can do” he called her several times then a week later tells him there’s nothing he can do. I filed to have the restraining dismissed and the judge denied it. Advised he request a hearing & I not show up and the judge will probably... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 12, 2020

Something seems unusual here. You certainly could have filed for a FAPA domestic abuse restraining on a civil basis and had you done so, it is likely (but not guaranteed) that a Judge would have dismissed it upon your request. IF, however, your husband was arrested and charged with some form of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Moved into apt with roommate. 2 months into one year lease agreement, roomate, due to mental issues is now abandoning

Apt to go live with family. Are they still responsible for their half of rent? Can property go after them for rent? Will they evict me if I can't pay their half?

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

Yes, the tenant that abandoned the tenancy most likely continues to be liable for the rent, along with you if you both co-signed the lease. Understand in that situation, the landlord has their choice of whom to try to collect the rent from - all from him; all from you; some from each, however he... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oregon on
Q: CAN I GET A COPY OF A RECORDED CONVERSATION FROM UNITED SERVICE PROTECTION IF I SIGNED A CONTRACT WITH THEM?

I SIGNED A CONTRACT AND PURCHASED AN EXTENDED WARRANTY FOR MY VEHICLE UNDER THE INPRESSION THE INJECTORS WERE COVERED. I SPECIFICALLY ASKED MULTIPLE TIMES ABOUT INJECTORS AND WAS TOLD YES. THEY DID NOT COVER THE INJECTORS, THE SALESMAN IS NO LONGER EMPLOYED AND THEY WILL NOT GIVE ME ANY RECORDINGS... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2020

They do not have to provide you with any of their records unless and until you file a lawsuit against them in court and then issue a request for production. At that point, if they admit having the records, they would be obligated to either provide the requested material or to legally deny their... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oregon on
Q: I am interested in purchasing a home that the seller is indicating the existing tenants need 9 months to remove from

Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2020

It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My rent check was never cashed, property manager didn’t tell me for about 90 days. I moved out, didn’t get my deposit.?

I was told to leave my check with the maintenance dept.

When I was notified over 2 months later it was a short email notice. Not a phone call. Now they want me to talk to my bank about refunding my money. They didn’t tell me the check was not cashed for over 2 months!!!!

Gregory L Abbott
Gregory L Abbott answered on Oct 28, 2020

Afraid I am not following you. IF a check is never cashed, there would be nothing for a bank TO refund...or, if they cashed it after 2 months, it still should be applied and credited to your rent ledger - so where's the problem there? You reference not getting your security deposit back but... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?

ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2020

It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a renewal offer with increase that was not received within 90 days.

The property manager changed the effective date to 12/7 which would cause is to be late on rent as it’s due the 1st. Our lease ends 11/30. Can I tell them to send a new renewal offer without increase as they failed the 90 day law?

The renewal was mailed 87 days and I received 83 days... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 22, 2020

I am not sure I follow but it sounds as if you are on a fixed term lease which expires 11/30/20 and now have gotten a renewal offer with a rent raise while only being provided 87 days notice. And you reference the landlord changing the effective date to 12/07/20. It is unclear how the landlord... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: I broke a window in a house near the park and the owner is charging me for the window repair and his labor fixing it

The owner of the home sent me the invoice of the new window cost, and then wants to charge me $25 an hour for 4 hours of his labor putting in the new window. Do I need to pay for his labor?

Gregory L Abbott
Gregory L Abbott answered on Oct 21, 2020

Of course you owe the labor cost for repairing the damage you caused. $25 per hour seems reasonable but whether 4 hours is a reasonable amount of time depends upon the exact details. It might or might not be. Do consider, however, that someone had to go to a store; get a replacement window... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?

Can they force us out because of the sale?

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

These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is charging a $195 late fee for rent (they cashed my check a day before the check was dated on the 4th)

This was prior to September 30th 2020 and now they sent a letter threatening to send me to collections if the fee isn’t paid within 30 days. Does the current Oregon moratorium not protect me?

FYI, a check to a PO Box via check is the only way the take payment. Otherwise I’d used a... Read more »

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

You may wish to review everything with a local landlord-tenant attorney since it appears you likely have claims against your landlord for damages. First, it is unlawful to charge, attempt to charge, or attempt to collect a late fee during the Covid pandemic in Oregon. It is illegal for a landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord can’t evict my roommate because rent is being paid. Can I take him to court to evict him? He’s on the lease

He hasn’t paid his portion in 4 months and has no proof of income.

Gregory L Abbott
Gregory L Abbott answered on Oct 8, 2020

You have no more right to evict a roommate than the roommate has to evict you. Only a landlord or their agent has the power to potentially evict a tenant.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has threatened my life. Can I terminate my month-to-month lease immediately under these circumstances?

Thanks Gregory, I appreciate the response!

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

You may wish to immediately consult a local landlord-tenant attorney. In Oregon, it is unlawful to record a telephone call if neither party to the call is aware that it is being recorded, so be very careful what you do with that recording. That said, you may well have grounds to get a FAPA... Read more »

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