Q: My landlord's agent has refused multiple written requests to provide us with the owner's physical address.
We are on a fixed term lease with the property owner as our landlord. The address listed for the owner in our lease is a P.O. Box. When we send a letter to the owner at the P.O. Box listed on our lease and require a signature from the owner, the post office returns it as undeliverable. If we send the letter first class to the owner at the PO Box, her agent (family member) opens the letter and forwards it to her. We have asked the agent repeatedly in writing to provide us with an address for the owner where she can be served with legal papers. The agent has refused to provide a service address for the owner or for himself and stated repeatedly that all contact has to be through the post office box as first class mail.
Have the owner and / or agent violated ORS 90.305 by refusing to provide an address where the property owner can be served, and if so, what is the typical penalty that is likely to be assessed if we take them to court?
Edited to stay focused on this single issue.
A:
Nothing that you have posted supports your allegation that ORS 90.305 has been violated. An owner typically hires a property manager precisely so he won't have to deal with the tenants complaints, etc. and that is all perfectly lawful. That said, if you check out the Washington County Tax Assessor's property tax records for your address, it will most likely list the name of the registered owner and perhaps where the tax bills are sent to.
You don't say whether you are trying to break a fixed-term lease or if you are on a month to month tenancy. If it is a fixed term, and you are leaving early, you may well be on the hook for continuing rent until it is re-rented or the until the end of the lease term, whichever comes first. Or your lease may contain a penalty clause of up to 1 1/2 months rent for breaking the lease. If you are on a month to month, you must provide at least 30 days advanced written notice of when you are terminating your tenancy and, if you don't, you are likely to be on the hook for rent for up to those 30 days but not thereafter.
IF you have adequate grounds, you may have claims against your landlord even if you are on the hook for continuing rent. Do know, however, that you also have a 1 year statute of limitations for any claims arising out of the rental agreement or Oregon's Landlord-Tenant Act (ORS Chapter 90). So you can only go back and potentially recover for damages incurred within the 12 months prior to the date you file your complaint in court.
All in all, you may wish to review everything with a landlord-tenant attorney to determine your rights and obligations, as well as the likelihood of your prevailing in any lawsuit you did elect to bring. These questions and issues likely can be answered in a single visit. Do also realize that most landlord-tenant attorneys in the Portland Metro Area routinely represent clients in Multnomah County, Washington County, and Clackamas County so you have a fairly wide assortment to select from, though many attorneys prefer to only represent landlords, so ask ahead of time. Good luck.
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