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Questions Answered by Gregory L Abbott
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: We are In the process of purchasing a home with renters who don’t want to leave

Current owner has served them a 90 day termination notice. Our realtor is saying that at the 90 day mark they can be removed by the sheriff if they haven’t voluntarily left yet. Is this true? Or would we have to wait the 90 days and then the current owner file for eviction proceedings?

Gregory L Abbott
Gregory L Abbott answered on Feb 28, 2021

I hope your realtor knows more about real estate than he does about landlord-tenant law. IF the current owner served a lawfully worded 90 day Notice, and lawfully served it, and the tenants don't leave, then the current owner will have to go to court to evict them - and that could take awhile... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord begin to charge a late fee for rent, the 5th or the 6th?

I always knew it to be after the 5th of the month, however my new landlord sent a mailing stating due on the 1st on late after the 4th. So I decided to research to see if that changed and I am getting confusing answers. Both Nola and Oregon State Bar states it is after 4 days after rent becomes... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 26, 2021

IF your written rental agreement provides for it (and it will specify when rent is late), a landlord can charge the late no sooner than the 5th day after it is due. So if rent is due on the first, with the statutory grace period of 4 days, rent is late and subject to a late fee on the 5th. Many... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The owner of my house gave me a 90 day termination notice to move november 11, 2020. He wants to renovate the house.

I believe that was during the metorium? Also he gave me notice for everyone residing in the home to provide $100,000 rental insurance? Besides myself the other people in my home is my 4 kids all under 18 yrs of age. Can he make my kids get renters insurance, when I already have active home... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 26, 2021

See a local landlord-tenant attorney. It likely was unlawful to serve you a no cause termination notice for renovating the dwelling and you may be entitled to recover damages. Was insurance specified as being required in your lease? If not, it may also be unlawful, plus all you should need at... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord give you 90 days to move during the current moratoreum? Plus, are realtors required to wear masks?

Our story is a little long, but our landlord told us we have 90 days to move through a text on the day they listed the house we're renting for sale. As a side note, we've lived here for approx. 3.5 years and have always paid our rent on time.

The second question has to do with the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 24, 2021

First, no termination of tenancy notice can lawfully be served by text or email; ONLY by personally handing the written notice (containing all the required information) to a tenant; by mailing it regular first class mail (NOT Certified) and adding on an extra 4 days, including the day of mailing;... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My roommate and I own a home in oregon. Who decides if additional people move in

The home has no mortgage. I have a child. We all live in the home. We were in a long-term relationship but aren't anymore. He wants his new girlfriend and her son to move in

Gregory L Abbott
Gregory L Abbott answered on Feb 24, 2021

I assume you own the home as tenants in common. Any owner has the right to invite others to occupy the unit, so either of you can. If you can't even agree on co-occupants, perhaps being co-owners was not the wisest choice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 90 day Lease termination notice for the landlord planning to move his brother into the house I'm renting.

The document was drafted by a lawyer. The document only states " Landlord" in the notice and does not specifically state my landlord's legal name. I have a verbal agreement with my landlord to rent from him. Could I challenge the notice if the landlord's legal name is not mentioned?

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

Challenge? Sure. Win? Not likely.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord legally charge you more in rent, if you have legal dealings against them, and call it a "penalty fee"?

This is regarding lot space rent in a mobile home park.

My landlord sent out a notice of rent increase, exceeding the allowed 7% per annual legal maximum. In the letter, they stated that we could have a $20 "discount" if:

1. paid within 5 days

2. have a current... Read more »

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

First, the maximum rent increase in 2021 in Oregon is 9.9% - the 7% is the base cap but you have to still add the annual cost of living percentage as determined by the Federal government every year. That said, a landlord in Oregon may only charge fees specifically listed and approved in the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the current moratorium for evictions in Oregon?

Our lease is up on March 31st and our landlord served us a 90 day notice on January 1st. They sent it via email. They plan on putting the house we're renting up for sale next month. I thought the moratorium would protect us from having to move out but they said it didn't count for us as... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 16, 2021

First, serving you a termination of tenancy notice by email alone is invalid and unenforceable - it is required to contain the specified information and be served to you by either personally handing it to you; mailing it regular first class mail (NOT Certified) and adding an additional 4 days to... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: I send a woman in MO. $1,000 for a puppy that was never given to me

She took it to her vet and there was a problem with his knee which she hid from me.She was mad when I called her vet in MO. and found out .Bottom line she won’t give me my deposit back and won’t answer the phone . What can I do ?

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

Assuming it is too late to stop payment or request a charge back on a debit or credit card payment, and negotiation doesn't resolve anything, your bottom line options are to sue her in court - and then try to collect. Normally, you could sue in either the location the transaction was made or... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to deny inspection to an equity group/ brokerage firm if it puts me at risk for Covid-19?

My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... Read more »

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

Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: My tenant broke his lease, but paid the remaining 3 months rent left on his lease. Am I now allowed to rent the house?

I heard you’re not allowed to rent your house before the original lease expires (because you’d essentially be getting double rent). But the former tenant broke the lease of his own choice and paid the remaining rent of his own choice too. Must I keep my house vacant for 3 months?

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

As long as it is clear that the tenant has abandoned or otherwise terminated his tenancy, you are free to re-assume possession and rent it out. IF you rent it out prior to the remaining three months on the ex-tenant's lease, and for which you have been paid in full, you must refund to the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A landlord wants me to sign a two year lease that has no mention of a break the lease clause in it. Is this legal?

My dad is guaranteeing the lease and wants to know if this is legal in Tigard, Oregon. Will he be responsible if I have to break the lease. Isn’t there a maximum amount that we would have to pay like 1 1/2 months rent to get out of it even without the clause.

Gregory L Abbott
Gregory L Abbott answered on Jan 28, 2021

The 1 1/2 month penalty for an early termination of the lease is an option that a landlord may, but is not required to, offer. If there is no such clause in the lease, then the breaching tenant is liable for the continuing rent and re-renting costs, until a new tenant rents the dwelling. Given... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord serve a 90 day no cause eviction during the moratorium?

I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... Read more »

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

You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Criminal Law and Small Claims for Oregon on
Q: What are the laws regarding animal ownership when it pertains to not giving a dog back?

My sister-in-law moved into a house with some friends. She also brought her dog. She was kicked out a few weeks later. When asked when they would be home to pick up the dog, they said that they were not going to give the dog back. They had stolen a family member of our house. What are the options... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 11, 2021

Stealing an animal is no different than stealing anything else - legally speaking. The real issue is likely to be how can you prove the dog is hers? Receipts? Vet appointments? Especially prior to her moving in? If you think you can prove the ownership issue, then you can first file a police... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlady purchased a brand new garage motor system with my deposit! Legal?

After a string of car break-ins on my street the garage door remote was stolen from my visor in my car. I immediately reported this to police and to my landlady. Landlady was moving back into the house so I had to move. She asked me if I would just let her purchase the new remote because she would... Read more »

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

If you are not responsible for the demise of the existing garage remote opening system, you are not liable for the replacement cost. See a local landlord-tenant attorney - you may be entitled to recover twice the amount wrongfully withheld, plus your costs and attorneys fees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can't get my tenant to move after giving her notice that I have sold the house. She has refused to move out .

What can I do to keep from losing my cash buyer? She has been waiting six months to move in. The renter first said she could not find a house to rent. She keeps coming up with excuses why she can't move. She has sited the Covid 19 saying she does'nt have to move now. At first she refused... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 9, 2021

It is not a question of the tenant's convenience, it is a question of whether you have fully complied with the termination of tenancy requirements - written notice containing the required information, lawfully served. If so, you simply file in court to evict. If not, you start over.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My niece and her baby were removed by the sherriff from her house yesterday because of a eviction judgement by default.

She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... Read more »

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

Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon, I have a tenant who's lease is ending in March. Can I choose not to renew their lease?

With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.

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

One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: How do I go about requesting an eviction be stayed during an appeal?

I've been told that an eviction judgement can be stayed during the appeals process. How do I go about requesting the stay? I'm mainly asking because I've also been told that the eviction is not stayed during the appeals process.

I will need to file the appeal first thing... Read more »

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

You file the notice of appeal, and the required appeal documents and serve the landlord and the trial court with copies. Your first move should be to review it all with a local landlord-tenant attorney who does appellate work.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there any way in Oregon to stay a eviction judgement?

My landlord gave a for cause notice. There were 5 items that needed to be cured by a specific date. 3 of the 5 items were cured before the notice was even sent therefore well before the cure date.

Long story short we went to trail. The judge dismissed the 2 reasons that weren't... Read more »

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

Yes, the eviction order may be stayed pending the outcome of an appeal - once an appeal is filed. But if the eviction is enforced before the notice of appeal is filed, you are likely going to be out while the appeal proceeds.

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