Salem, OR asked in Landlord - Tenant for Oregon

Q: My landlord is trying to sell my home. Fine, but she is continually notifying me of needing to enter.

I have to board my dogs or take time off work each time, with little notice, for 3rd party appraisals and tours. I have a standard lease signed in June 2018. Can she continue this indefinitely? Thank you

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

A: I don't know what you mean by having a "standard lease" - there is no such thing. Rather there are literally dozens of different lease forms out there, each different from another. That said, the landlord normally has a right to enter so long as they provide at least 24 hours advanced notice of their intent to do so. If the time they propose to enter is not convenient, a tenant is free to deny entry so long as they do not do so unreasonably. You have to work, you already plan to have friends over, the baby has to take a nap then, etc., are all reasonable grounds to deny the proposed entry. So to, a landlord cannot enter so frequently as to harass the tenant or interfere with their right to quiet enjoyment of their tenancy. Nor can a landlord require a tenant to be gone during a showing or to remove their pets or any other act to accommodate the landlord's showing. How frequent is too frequent? I know of no firm, fixed number and a Judge is likely to consider all the circumstances surrounding a situation but my gut says 1-2 X a week a Judge might allow. More than that and I suspect a Judge would say it is excessive. I recommend giving the landlord an alternative if you refuse entry at their proposed time - e.g. "Tomorrow does not work for me but Saturday between 2-4 p.m. will if you let me know in advance" or something similar. Further, there is no reason a landlord cannot group multiple showings of the house to be during a few hours on a single day rather than spreading it out to show it separately to each potential buyer. If you are willing to be more accommodating, fine, but the landlord should compensate you for those accommodations. Good luck.

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