Q: In Oregon, is a previous landlord legally allowed to tell a future potential landlord negative things about a tenant?
My landlord emailed this to the potential future management company that requested the previous landlord to fill out a referral form:
We are not going to complete your form. After consultation with our attorney, we have decided to provide the following statement:
"It is our policy not to provide information on current and past tenants. This is regardless of whether our recommendation would be negative or positive.
Dates of lease: March 2012 - March 21, 2018
Rent: Always paid. Most recent payment in January 2018. Last payment due February 22, 2018."
As a result the management company will not approve us for the home because the previous landlord won't fill out the referral form.
Any thoughts or suggestions woul be appreciated.
A: I'm not seeing where they say anything negative, they just keep it to simple facts, and there is no way to force them to fill out someone else's form.
Gregory L Abbott agrees with this answer
A: First, that is not providing negative information though it clearly has a negative result for you. Beyond that, of course your landlord is not compelled to provide a referral for any tenant. They are simply protecting themselves. If they say anything that could be considered negative, they could find themselves sued by you (though it likely would be hard for you to win, absent clearly outrageous and knowingly false statements by them). If they provide a positive reference and the new landlord relies on it but later has problems with you, they could face a suit against them by the new landlord. Safer and potentially cheaper to simply refuse to say anything.
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