Portland, OR asked in Real Estate Law and Landlord - Tenant for Oregon

Q: Is it legal 4 a landlord to enter unit in Oregon if they've given the tenant notice about a repair but we denied access

We have already let management know that I have been a victim of a home invasion and that we didn't want them entering unless we answered the front door and we put notice on our front door saying they do not have permission to enter unless we open the door and they came in anyway. This is the 3rd time they have done this. I read the following and feel it applies:

The landlord or landlord s agent may not enter if the tenant, after receiving the landlord s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord s agent to enter.

(2) A landlord may not abuse the right of access or use it to harass the tenant.

1 Lawyer Answer

A: It may depend upon exactly what the facts are - IF you submitted a repair request without also specifying the hours or terms under which they could enter, then a landlord has 7 days to enter without notice to conduct the repair. Otherwise, you are correct - you are free to decline entry to a landlord or his agent and if they enter anyway - and you can prove it - it likely is worth a month's rent plus your court costs and attorney's fees to you. If you think you qualify, gather your evidence and review it all with a local landlord-tenant attorney. Good luck.

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