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Questions Answered by Katherine Goodman
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was locked out of my home by my landlord in Florence for 6 weeks now I'm living in my car and it's awful help!
Katherine Goodman
Katherine Goodman
answered on Oct 26, 2022

Without more facts, seeing a copy of your lease agreement, and understanding more about your situation it is difficult to determine if you have a claim for monetary damages against your landlord for ouster. If you have not spoken with a local landlord tenant attorney about your potential claim of... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: My HOA is placing a large assessment on my home, and will not show me where my money was spent

HOA has never once had a meeting or vote, however, treasurer owns 13/20 homes in the HOA, and has been "voting" by himself, winning by majority. I am selling my home and told of an 9200 assessment due to depletion of funds and to pay off a loan they took out without notifying homeowners.... Read more »

Katherine Goodman
Katherine Goodman
answered on Oct 21, 2022

There is no question for any attorney to answer on this platform.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord evict a tenant for "repairs due to the house being unsafe until finished" even when it's safe?

The house is perfectly safe. All of the listed repairs are either unnecessary high-scale projects (such as re-flooring the entire house, things they usually do when a tenant moves out) or things that can be done in under a week (such as re-plumbing and re-flooring the bathroom). This is a small... Read more »

Katherine Goodman
Katherine Goodman
answered on Oct 18, 2022

Short answer to your question is yes. Your landlord can serve a tenant who has a month to month tenancy with a notice of termination with the reason that your landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and the premises is unsafe or unfit for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the definition of unauthorized guest?
Katherine Goodman
Katherine Goodman
answered on Oct 14, 2022

Your lease should define how long you can have a guest visit you within either a 6 month or 12 month period. If your lease does not define that you should consult with a local landlord tenant attorney and your landlord.

good luck.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: If allegations of a violation are made, is it the landlord's responsibility to prove that violation happened?
Katherine Goodman
Katherine Goodman
answered on Oct 14, 2022

If your landlord has filed a claim of action against you then yes, they have the burden to prove you caused the violations. However, without more facts and information it is difficult to give an answer to your question as it is a vague and broad question.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I be evicted if in Aug I paid over half my rent then Sept and Oct paid rent in full

I told them what had happened and asked if they would work with me and make payments twords the rent they never reached out and now I have court papers to go to court is this legal

Katherine Goodman
Katherine Goodman
answered on Oct 14, 2022

As a tenant you have a duty to pay the full amount owed for rent every month, but your landlord can accept partial payments and still retain the right to terminate your tenancy for failure to pay rent. However, there are circumstances in which your landlord has waived their right to terminate your... Read more »

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Yesterday, I received a notice terminating my month to month lease without cause. I understand that landlords can do

this within a year, however, this is being done in retaliation, which I know is not legal and the landlord would have to pay two months of rent if I were to prevail. The landlord is retaliating against the many maintenance requests I have had to file since moving in on August 1, and an arbitrary... Read more »

Katherine Goodman
Katherine Goodman
answered on Sep 2, 2022

If you have not spoken with a landlord tenant attorney you should. If your landlord has filed a complaint against you in court to obtain possession of the rental property, you can make a counterclaims and affirmative defenses against your landlord for retaliation and failure to maintain the... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Went m2m after 10 years w a lease because buying first home. Landlord wants a 6 month lease In winter or 200 increase

Lived with a lease in rental 10 years. Finally going to be able to buy property so I wanted to go month to month so I can move out when ready. Was told that would b fine but after october I'd need to sign a 6 month lease to keep rent the same amount or I would have to pay an additional 200... Read more »

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

If you are asking if a landlord can increase your rent, the answer is yes once every 12 months. Some landlords will have month to month rates higher than fixed term lease amounts. This is normal.

However, if you are asking if the amount of the increase is improper, it is important to know...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have a renal agency coming after me for money and it has been 2 years and 2 months since I moved out, is this legal?

Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: I was not given a copy of lease I signed for this Apt, I asked for copy and copy had changes that were not on lease when

I signed. Crossed out and written in by hand. Is this legal?

Katherine Goodman
Katherine Goodman
answered on Aug 30, 2022

Generally, contracts/ leases are not modified unless both parties agree, consent, to the modifications. However, without seeing the lease agreement and without more facts a local landlord tenant attorney would be unable to answer your question. If you have not reached out to a local landlord tenant... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does an apartment not providing timely repairs and not fully helping with noise issues let us break our lease?

At the apartment I am currently living in, in Oregon I am having issues with the apartment complex fixing issues in our apartment in a timely manner. For example, we put a maintenance request in June and they still not been completed. We also have been having noise issues with our Neighbors since... Read more »

Katherine Goodman
Katherine Goodman
answered on Aug 18, 2022

Under Oregon Law your landlord has to complete repairs within a reasonable timeframe. If you have not followed up on your repair request that you made in June, you should do that. If you have spoken with your landlord about requesting a similar unit to what you are renting now in a different part... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord just sent me 10 day termination for non payment but i dont owe anything and heres why.

I am on section 8 and can prove that i dont pay any rent. All i am required to pay is $100 for w/s/g and yet my landlord has charged me close to 10 thousand since march. Which has been paid and i was at a 0 balance and now i should only owe 100 dollars for august. But they are trying to evict me... Read more »

Katherine Goodman
Katherine Goodman
answered on Aug 11, 2022

Under Oregon Law your landlord is required to reasonably work to repair your unit. Without more facts no attorney would be able to tell you if your landlord has not been reasonable. If you have not reached out to landlord respectfully in writing to request and reschedule the exterminator and repair... Read more »

3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... Read more »

Katherine Goodman
Katherine Goodman
answered on Aug 1, 2022

I would also recommend that if you have not done so to tell your landlord in writing about the issues with the tenant. You can contact a local landlord tenant attorney to discuss if your right to quiet enjoyment as been violated as you may have a claim for money damages against your landlord.... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I reported a hornets nest right outside my bdrm window. How long do I have to wait for an answer from my landlord?

It is a new nest of hornets & they look pretty angry, as it is very hot where I live in Gresham, OR. Both my Sister & myself (we live together in an apartment complex on the 4th floor). I noticed this hornets nest outside my bdrm window on Tues, July 26, 2022. We have both emailed the... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 29, 2022

Under Oregon law your landlord has to respond within a reasonable timeframe. If you have not followed up with them and notified them that you are highly allergic, I would recommend that you do. Most apartment complexes have an emergency maintenance line that you can call. If you have not called... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does Portland ordinance for tenants supersede my short term guess agreement with my tenants

I have a condo in SE and let in two people just prior to Covid with a short term guess agreement so we can see whether the relationship as tenants will work out. They are tending to the condo, but as of 4 months one of them has not paid rent as she is looking for work and financial support.... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 22, 2022

Short answer is no, you would most likely have to pay relocation fees and if you are terminating the month to month lease agreement and assuming that it has been more than 1 year they have been renting the property from you, you would have to give them a reason for termination of the tenancy. If... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord enter my apartment to do an inspection if I test positive for COVID-19?
Katherine Goodman
Katherine Goodman
answered on Jul 18, 2022

Generally, as long as your landlord has given you a written 24 hour notice to inspect the property, yes they can enter. However, you can decline as long as you are reasonable. You cannot completely deny them accessible and your landlord cannot harrass you or request to inspect the premises at... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Does a real estate attorney cover everything pertaining to the sale of a home?

Would this cover all the paperwork needed to sell the house?

Katherine Goodman
Katherine Goodman
answered on Jul 13, 2022

Not all real estate attorneys practice every facet of real estate law. You will need to contact the attorney to find out if they can assist you with the area of law you need help with.

good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do tenants have right to cure in Oregon with 30 days notice?
Katherine Goodman
Katherine Goodman
answered on Jul 12, 2022

It depends on the violation of the lease agreement. Under Oregon Law certain violations allow the tenant 14 days to cure the violation and if the violation is not cured by the deadline stated within the Notice to Cure, the tenant's tenancy will be terminated within 30 days of the notice being... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Personal Injury for Oregon on
Q: Who is responsible 4 damage caused by third party installation company (water damage/asbestos disruption in a rental)?

Washer/dryer, delivery/installation were purchased directly from a big box store (BBS). BBS hired a third party for D/I. Install done incorrectly, water flowed from washer during first cycle. Installer admitted & corrected install. Damage repair requires asbestos abatement. BBS says not... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 5, 2022

If you have not made a claim with your own rental insurance you should do so. Additionally, depending on what your lease agreement says you or your rental insurance may be responsible for the repairs and depending on the contract you signed with the installer/store as well. It is hard to say as... Read more »

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