Portland, OR asked in Landlord - Tenant for Oregon

Q: Landlord needs a place to live because he's separated from his spouse so gives us 30 days to move out

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1 Lawyer Answer

A: Whether such a notice is legal and enforceable depends upon many factors. IF you are on a month to month tenancy; been there less than a year; and do not reside within the city limits of either Portland or Milwaukie, it may be lawful and enforceable if the notice was properly drafted and properly served. Otherwise it likely is not. The only way for you to know for sure is to review it all with a landlord-tenant attorney. A single visit should answer all your questions. If it is not legally enforceable, and the landlord attempts to do so anyway, you likely will not only prevail in court but also be able to recover your court costs and attorneys fees. It is even the sort of case that an attorney might, after review and evaluation, take on a contingency wherein you wouldn't owe his fees but rather he would recover them from your landlord. Good luck.

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