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

Q: How do I make the landlord stop harassing me?

I have a 1 year lease and a legally binding upkeep agreement. The landlord has already recorded the condition of the apartment, but wishes to continually inspect it and record its condition during the term of the 1 year lease, except the agreement I signed does not provide for it. I feel extremely bothered by this, and wish for them to stop harassing me about the condition of their property when it is my legal responsibility to report and pay for any damage that I cause to it. If they wish to inspect it without harassing me, it would be at the renewal or termination of the 1 year lease.

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

A: Posting the question again doesn't change the answer, even if you do not like it. Your lease does not have to provide for it - by law ORS 90.322 grants the landlord access throughout your tenancy and specifies the limitations on that access. Just because you promised to maintain the dwelling - and are liable for damages if you do not - does not mean a landlord has to just take your word for it. By law, they are free to - and arguably should as a basic, good business practice - regularly enter all their rentals to document and confirm your on-going compliance as well as to search for potential problems that are not your fault but which still need to be addressed, preferably while they are still small problems. You take it as some sort of personal affront but it is just simple, basic, business - and your renting a dwelling IS business. Inspections and documentation can ultimately protect you as well as the landlord; cause no harm beyond offending your feelings; and can save the landlord from potentially thousands of dollars in repairs by catching maintenance needs early, before serious damage occurs. Inspecting for such possible maintenance needs are the landlord's obligation, not the tenant's, and a landlord is certainly not required to solely rely upon a tenant's judgment as to when and what to report as needing attention. Your promise to properly care for the property is a starting, not the ending, point. Smart landlords follow Ronald Reagan's advice - "Trust but Verify". The landlord is just exercising his legal rights and the State Legislature has limited whatever right you would otherwise have to exclude the landlord. You don't have to like it; you are free to lobby the legislature to change the law; to the extent that you are or become able, you can buy instead of rent to get rid of the problem; or you can grit your teeth and comply. Refuse and you could face eviction.

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