Medford, OR asked in Landlord - Tenant for Oregon

Q: Received a 90 day eviction notice after being a tenant for 15 years. The only cause is the home needs repairs, rights?

My mother is a veteran and has been a tenant of the same property for 15 years. After recently contacting the property management for a leak in the roof that needed repairs she has been issued a 90 eviction notice. The damages were not her fault but lack of care per the property management. She does not have the resources or funds to move as she is a widow and on limited income. The only reason the property management did issue her an eviction notice is they want to raise the price of rent after the repairs have been made. They have issued her a check for one month's rent. At this time I advised her not to cash it as she has legal tenant rights. I need to know what her Oregon tenant rights are?? It is my impression she can not just be evicted.

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Assuming Mom is on a month to month tenancy and not within the Portland city limits, the landlord likely has the right to do exactly what you say they have done IF the tenancy is being terminated because the landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and the premises is unsafe or unfit for occupancy; or the dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations. As for raising the rent, arguably the landlord cannot raise the rent to a new tenant any higher than he could legally raise Mom's rent, so that is unlikely to be a significant cause for having issued the notice.

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