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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I charge tenant now for damages but finish the work at a later time?

We had a tenant who broke the lease and left the floors in bad shape. More damage here than what is left of the deposit and so we will be looking for them to pay. This is definitely more than normal wear and tear but we have new tenants ready to move in and they are fine if we put off some of the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 7, 2020

Yes, a landlord is entitled to recover damages even if they elect to not repair the property (the dwelling without the damages is worth $XXX. If tenant puts 6 foot hole in wall, dwelling worth $XXX minus cost of repair ($YY). So landlord can fix and return dwelling's value to $XXX or not... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant during the pandemic if I plan to move into the residence?

I have a month to month lease agreement with the tenant that began in October, 2019. Originally I planned to move out of state but plans changed. Is the fact that I will be moving back into the residence cause to file eviction during the pandemic?

Gregory L Abbott
Gregory L Abbott answered on Jul 1, 2020

It may be a permitted reason under ORS 90.427 (5) to issue a no cause termination (though if they have been there less than a year, you do not need a permitted reason) but it is expressly banned during the Governor's moratorium and technically is a potential misdemeanor if you do so. Further,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant due to violations of the rental agreement during the eviction moratorium?

I have a tenant who has several violations of the rental agreement currently (Not maintaining yard or getting written authorization for new pets.) Can I evict on those grounds? They are contemplating using the moratorium to avoid paying rent and they told me I cant evict them. Doesn't the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 1, 2020

Yes, you are almost correct - the moratorium also bans no-cause evictions. For cause, such as rental agreement violations, are still allowed. BUT your local court still has to be open and operating, so give them a call and ask about landlord-tenant matters. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I raise rent to my tenant if they have only lived there for one year?

I read somewhere that we are allowed to raise rent with a proper 90 day notice but I also read that they have to have lived at the property for at least two years, but this was not in Oregon I just want to make sure I can raise rent even though they have been there for only one year or almost a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 24, 2020

In Oregon, a landlord cannot raise rent during the first year of a tenancy nor (normally) during the lease term of a fixed term lease. After that, rent can be raised so long as it is done with at least 90 days prior written notice, lawfully drafted and served; does not exceed the maximum... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My partner doesn’t want to move out. What can I do?

My partner and I have been having issues.

He has been moving in and out for the last 10 months.

This time he said He was not going to move out. He said he had 30 days.

He hasn’t paid complete rent for this month.

Can I evict him for non payment?

I gave... Read more »

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

First, verbal notices are not enforceable. Second, currently you cannot evict or even serve termination notices, for failure to pay rent during the covid crisis. That may change by July 1st. Also understand that if you accept partial payment of rent, you may be waiving your right to evict that... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for Oregon on
Q: I was awarded spousal support in my divorce. My ex suddenly stopped paying it. With limited resources, what can I do?

I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... Read more »

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

This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can our landlord require us to share an unsecured mailbox with other tenants?

Our new apartment seems to be recently set up for renting and there is only one standard mailbox on the property. This is supposed to be shared between our unit and the other unit with 4 people living in it, so 6 people’s worth of mail in one box every day. I am not necessarily bothered about... Read more »

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

No, a landlord cannot require you to get your mail in a shared mailbox. Then again, a landlord is not required to provide you a mailbox at all. So if you prefer, you can get your mail at a P.O. Box or an equivalent to Mailboxes Etc. or at a friend's address or wherever you wish. You may... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My mother rented a room to a tenant who is now endangering her, how can she evict?

My 62 year old mom lives in a mobile home park in S. Salem, her current total monthly earnings are less than $800; I consider her financially and socially vulnerable. In Feb., she rented a room to a woman, only to learn that her park's management would not 'approve' the renter as a... Read more »

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

The fastest and cheapest way is IF the threats and stealing will convince a Judge to issue a Family Abuse Prevention Act (FAPA) restraining order. Mom can apply without charge at the court normally by filling out a petition form available from the court. She needs to give thought and care to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I lease a house and legally sublet rooms on a month to month basis. Could I not renew a lease during Covid times?

Because the rooms are month to month, I would like to not renew the leases on one of the rooms. The Tenant has caused issues in the house with others and the property. I know I cannot evict them but since they are month to month can I just not renew their lease? I know I have to legally give them... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 11, 2020

No, first a month to month tenancy self-renews every month unless and until one of the two parties provides notice of their intent to not renew it at least 30 days (tenant)/90 days (landlord in Portland) after service of the notice. Issuing such notices by a landlord is currently prohibited by the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord keeps just showing up to my house during the covid-19 pandemic..demanding money

She showed up and demand Ed entry and pushed her way into the front door and came inside..she has threaten me. Yesterday said she almost burned the house down because if the rent freeze and I couldn't pay rent. She harrased me on social media slandered my name. What do I do..I have messaged... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 10, 2020

The solution is simple, though perhaps not easy. You simply tell her no and do not allow her to enter. IF she does enter without your permission, document it as best you can - notes, photos, witnesses, etc. - and, if you are there, call the police to have her removed. If she enters without your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received my lease renewal offer / notice, I live in Oregon. It only includes the amount of rent and states that the

utilities will go to a "ratio Utility Billing System" so the notice shows no charge amount for the water/sewage/garbage. Is this legal? I don't know what my cost would be

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

It is legal for a landlord to bill back their tenants for utilities that the landlord pays in a lump sum, such as water, sewer, and trash in many/most apartment complexes. BUT there are a slew of regulations that the landlord must comply with in doing so, including providing the information in a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there a way to contest untrue “notices of violation” ? I’m afraid if I don’t they will use them against me later

New building manager has it out for me. I’ve lived here going on 4 years now and am on month to month lease, never had any issues. Now with the new manager I have gotten 2 notices of violation in as many weeks. However both notices are not true and I feel they are doing this so they can show... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 3, 2020

I agree that it is wise to make a written response now - not so much because it will accomplish anything immediately but it does keep the record straight and you are right that they otherwise may try to use their current complaint letters against you later. So send them back as neutrally toned but... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Oregon on
Q: I live in Brookings, Oregon. My brother his girlfriend and their child refuse to leave my home. How do I get them out?

Hello my name is Debra and I live in Brookings, Oregon and I have a huge problem with my brother, his girlfriend and their child living in my home.

Approximately 2 years ago my husband decided to leave me. He bought a van and left and he now lives in his van. I stayed at our home continuing... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 3, 2020

Much depends upon the exact facts and details. IF there is a landlord-tenant relationship between you, you may be able to terminate their tenancy and evict them in court. The fact that they agreed to do repairs in exchange for being allowed to live there may (again, depending upon the exact... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Most landlord give 90 days before rent increase even on lease expiration?

My current lease expires end of June. I received notice on June 1 that I must choose a new option (12,6 or M2M) by June 20th, but no matter what option it's stating that rent will increase on July 1st. I thought they had to give 90 days notice before raising rent? Should I call them out? Thanks.

Gregory L Abbott
Gregory L Abbott answered on Jun 1, 2020

They DO have to give at least 90 days prior written notice of any rent increase (note written means written - NOT text, email, voicemail, etc.) and any rent increase cannot exceed a 9.9% raise over the previous 12 months and, if in the City of Portland limits, may have to provide a variety of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord gave me 3 days to sign a "new" lease or my rent would go up 10%. They did this via Voicemail.

Thought they had to give me 90 days to increase my rent. Signed the lease via Docusign with no increase, but it seems like I got trapped. I was going month to month...and then they said I must sign a new lease immediately or the rent will increase. Legal?

Gregory L Abbott
Gregory L Abbott answered on May 31, 2020

Likely yes except the rent increase could not legally go into effect for at least 90 days after serving you with written notice of the raise.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: After 3 months of "month to month" Landlord asks me to sign a back dated lease "immediately"I had to agree just to read

Haven't signed yet...but landlord wants me to sign in the next two days...haven't even read the whole thing yet..She says if I don't sign now with no increase that my rent will increase down the road at some point. It's a 1 year...but, I can't get over the notice being a... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 29, 2020

If you say you can't read the lease in two days, you are telling the landlord you don't take the issue seriously or simply don't care. Yes the landlord can raise your rent up to 9.9% anytime with 90 days notice - locking in the amount of your rent is one of the major advantages of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord raise my rent when I renew my lease next month during this covid-19 pandemic?

before the pandemic my landlord was thinking of raising my rent to $1800 from $1600 next month when it is time to renew the lease. Can he do that now during the pandemic?

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

While some details could otherwise affect the answer, a landlord must give you at least 90 days advanced written notice of any rent increase, and then only after the expiration of any fixed term lease. Plus any rent increase can be for no more than 9.9% over the last 12 months. If they try, it... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Good afternoon, I am a renter, allowed a friend to stay a few days, she will not leave. No agreement. How to evict?

My landlord is mad, and may evict me. I don't know how to get her out. She has threatened me with violence. I have the only key to mobile home, and mailbox. What is the law about this situation? I think that if she gets a notice, and has a few days, she will destroy my place. Please help.

Gregory L Abbott
Gregory L Abbott answered on May 26, 2020

First is the question of violence you referred to. IF credible, you may want to seek a FAPA restraining order against your friend. If the court grants it, even just temporarily, it would have the Sheriff remove her from the premises and you do not have to ever let her back in (though she would... Read more »

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