Portland, OR asked in Landlord - Tenant for Oregon

Q: I rented a room to someone using a standard month to month contract — he refuses to use a mask

What are my rights here?

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

A: You need to be VERY careful - and likely are already exposed to a lawsuit by your tenant and are likely liable to him for statutory damages if the rental dwelling is within the City of Portland city limits. Did you include written notice of his tenant's relocation assistance rights? Did you send him a copy of a Rental History Form within 5 days of issuing the termination notice? Did you segregate any security deposit into a separate, dedicated bank account? Did you provide him a Condition Report at the time of entering into the rental agreement? Did you take digital pictures of anything you may wish to charge him for damaging upon move-out? Did you list in the written rental agreement everything that you wish him to be responsible for damaging (if he does)? In Portland, generally 90 days written notice are required for a no-cause termination (30 days written notice during the first year of residence in the rest of the State). And was it a no cause notice you gave or a For Cause? If For Cause, how are you going to prove that he breached your lease terms if the lease does not specify anything about wearing a mask? Was it a written notice, containing all the legally required information and was it lawfully served? If he goes to an attorney, you may find yourself being sued for up to 3 months rent, plus relocation assistance payment (1 bedroom rented could equal owing him $2900 - $3300, depending), plus court costs, plus his attorneys fees. Then there is a potential issue that it is unlawful to issue a termination notice for either non-payment of rent OR no-cause termination during the pandemic - and that can be another 3 months rent, costs, and attorney's fees. Other violations may be additional amounts up to 3 months rent each. And, of course, if the notice is unlawful or unenforceable in any way, he will simply stay - likely until actually forced out in court, which will probably be both expensive and time consuming given the pandemic going on. If this goes to court/trial, and he wins, you may be liable for his attorney's fees to the tune of $10,000 or more in addition to all the rest. ANYONE acting as a landlord in Portland needs to be VERY careful and thoroughly understand their obligations, ESPECIALLY during the pandemic, or be subject to very expensive penalties. Not trying to scare you but if you are in Portland, you really do need to understand your vulnerabilities as a landlord. Good luck.

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