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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Comm- tenant rights/sublessor refuse written lease but a year-to-year agreement increases each yr

subleasing-1st year - Cohort approval and assignment of volunteer services in exchange for part-time workspace. 2nd year- automatic Cohort approval. office space and use of general areas in exchange for 20 hr. volunteer office coordinating training/ work & cleaning.

3rd-year backup... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 27, 2022

If you have agreed to a commercial rental without a written lease, it must be on a month to month basis. Among other things, that means the landlord can change the terms, space, rent, etc. at anytime with 30 days advanced notice. If you want something more stable, either get a fixed term written... View More

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord legally disregard a maintenance request because i owe unpaid rent?

I am on housing and have lived here since 03/2022 and my fridge has not worked since i moved in i informed my manager and she still hasnt sent someone out to fix it but she never forgets to ask me about my unpaid rent. Which os a whole other story. My question is can she legally procrastinate on... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 7, 2022

No, a landlord has the absolute obligation to maintain appliances and the dwelling in general as long as the tenant is in possession - regardless of rent payment status. Be sure you document the times you have reported the problem or requested maintenance. Once it has gone 10 days or so without... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to be pointed in the direction to file against my landlord. Due VERY UNSAFE dangerous situation by a tenant

Tenant in our bldg is severe fetynal/ meth user. He's been a a problem before we moved here last June. Been 7 months w/ us. Partner mental health is effected, I never had hi blood pressure. Dude has literally torn wires out of his walls sheet rock cut out, holes, literally he demolished it.... View More

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2022

I am unclear as to your goals. If it is to get rid of the fellow, that takes consistent, persistent pressure on the landlord. If the fellow is going to be out in a few days anyway, then your goal may simply be to recover some damages from the landlord. Whether that is likely takes a very... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I live in Oregon. My son is occupying the house I own without my permission by force and refuses to leave. What do I do?
Gregory L Abbott
Gregory L Abbott
answered on May 31, 2022

You need to review everything in detail with a local landlord-tenant attorney. Your choices are likely to be filing in court to evict him if there legally is a landlord-tenant relationship between you. It may not be as clear cut as it may seem. If there is no landlord-tenant relationship, then... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need help with a tendent that we had to evict
Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2022

Without further information, there is nothing for me or any other attorney to comment on or help with. If it is more than just a specific question, you are likely to need at least the consultation, if not the outright assistance of, a local landlord-tenant attorney. If that is likely, just make... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I signed a lease but my landlord charges me anywhere from $130 to $230 for a month-to-month lease

I just noticed that my landlord is charging me for month to month when I specifically signed a 6 month lease

Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2022

Are you saying that you are being charged more rent each month than your lease said you would be? If so, that can be remedied. Document the total overage amount you have paid in the last 12 months; write an explanation along with the overage documentation, and subtract that overage amount from... View More

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: I received a 10 day pet violation from my landlord. I am being told I have to get rid of my dog or be evicted.

He is an ESA animal can they make me move or get rid of him?

Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2022

IF you have provided the needed documentation of the animal being a ESA, then you should be allowed to keep it - unless your ESA has misbehaved or otherwise caused a disturbance or problem. If it has, then a landlord has a right to require you to get rid of that specific animal but you would be... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm living at a Resort ,the owner sold the property 3 days ago , I'm on a month to month , how much notice do I get ?

Does owner have to give any advance notice if needing to leave

Gregory L Abbott
Gregory L Abbott
answered on Mar 25, 2022

Yes, you are entitled to notice if they wish to terminate your tenancy. How much notice depends upon how long you have been there. On the other hand, normally you would not be terminated just because you have a new owner. Only if the new owner's have plans that conflict are you likely to be... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Hello, OR rental law: I have rented a room for over a year now, is a 60-90 day WRITTEN notice required?

My landlord has only given me 30-days in words, not written.

We do not have a rental contract is the law the same with or without one?

OR means Oregon.

Gregory L Abbott
Gregory L Abbott
answered on Mar 25, 2022

First, if you have not been legally served a written termination notice, containing all the legally required information, any attempt to remove you will be invalid and unenforceable. If you are referring to a no cause termination, if you have been there for more than a year, then a 90 day notice... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord kick me out of the room I rent without no notice of eviction?

My wife and I rent a room in her fathers house, her and I got into a disagreement (non physical and not in any way hostile) and he had over heard and had kicked me out the house putting me on the streets away from my kids and wife. Is he able to do this legally?

Gregory L Abbott
Gregory L Abbott
answered on Mar 7, 2022

No, not without proper notice and just cause. See a local landlord-tenant attorney if you wish to seek monetary damages though doing so is likely to damage whatever may be left of your relationship with your father-in-law.

1 Answer | Asked in Collections for Oregon on
Q: What happens when your only income is wages during Garnishment.

So my wages are currently being garnished, can't afford bankruptcy. However I do not make enough money for them to garnish most weeks. My state (Oregon) has a minimum of $255 that cannot be garnished if you make less than that. So most weeks, no money is taken from my paycheck. What would... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 7, 2022

As long as the ONLY funds in the bank account are directly traceable (keep your deposit records) to exempt sources, the bank account is likely to be considered exempt as well. Understand they can still garnish the account, and you will be out the money immediately, but you can file the included... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord make me get rid of my pet to keep a prescribed ESA dog?

My roommate has a pet and I have a pet cat. I was prescribed an ESA dog and had one before but it unfortunately died. It has been six months and after encouragement from my therapist I got another ESA dog. My landlord is claiming I have to get rid of my cat in order to have my ESA dog to stay under... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 14, 2022

Request? Sure. Require? Doubtful. As you point out, ESA and Service animals are legally not pets and thus not subject to pet restrictions or even no pet policies with landlords.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a notice of termination in oregon dated for 2-10-2022 my whole family has covid and r in quarantine

I haven’t been able to finish moving I won’t be able to quarantine until the end of this week

Gregory L Abbott
Gregory L Abbott
answered on Feb 14, 2022

I am interpreting your posting to mean you are supposed to be out by Feb 10, not that the notice is dated Feb. 10. If accurate, your and your families Covid status does not affect your termination date or obligation. Others can move your property but regardless, the notice is for terminating your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 30, 2021

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I deny a rental to 2 tenants with 2 service dogs at a vacation rental, for example for a 2 night stay in Oregon ?

We are the owners and the vacation property is managed by Vacasa, Vacasa says we have to rent to them.

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

You cannot deny them rental because of the service animals. If you have other legitimate grounds, you may be able to deny renting to them but any denial is likely to be suspect and subject to legal challenge so be careful and be sure to fully document everything.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month-to-month, 2 roommates, gave 30-day notice. Landlord not accepting because roommates don't qualify. Legal?

I am paying rent on this 4 bedroom apartment by myself since my wife is no longer residing here (living with a boyfriend) and stopped paying rent or bills, Mother-in-law lives with us also not paying her share of the rent. The landlord insists that if I move out with my children I will still be... View More

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

Yes, generally all tenants that signed the lease agreement are jointly responsible for paying the rent - all of the rent. But only so long as the rental agreement is in force. Assuming you are on a month to month tenancy, as soon as one tenant provides 30 day notice, the rental agreement... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is my landlord allowed to tell me when I can and can't leave my place of rent? And can he have cams on outside of house?

I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... View More

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

It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Roomate kicked me out and is not allowing me to get my things. What are my rights?

We only had an oral agreement. I have been living there for more than 30 days.

Lane County, Oregon

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

Your roommate has no legal authority to kick you out, anymore than you do to kick him out. Only the landlord can terminate a tenant's tenancy and then only with a court Order if the tenant opposes the action. See a local landlord-tenant attorney immediately.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Live in shed, pay 500 monthly, behind on rent, no written lease or agreement. Can she kick me out and keep my things?

I have been trying to get moved but doing it by myself. I am a single 50 year old woman witha little car and a cat. Can she lock me out and keep my things? Her drug addicted kids have already stolen some of my things but i have no prrof. Now she wont let me get the rest of my stuff what can i do?

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

See a local landlord-tenant attorney immediately. No, a landlord cannot legally lock you out or keep your personal property without having already gone to court and having obtained a Judgment against you. You may be entitled to recover damages from her.

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