Q: I live in OR. my landlord is forcing me to submit notice to vacate while denying showing me proof to her validity. ?
Is this allowed? I asked my landlord if she would show me the surveillance footage of my visitor (not me) committing a crime in the lobby of my apartment, just so I can verify that she is telling the truth, before I start packing my items. Not an unreasonable request, right? but she said she is not allowed to show me footage. “Only the police”. (It’s not that serious of a “crime” it’s just against the building rules). She said in order to avoid a full blown eviction, I need to submit a notice to vacate today solely because of this and have to be out by the end of this month (November). I have paid rent on time every month, been here over a year, and have aside from this situation been a good tenant. Is this even allowed during a pandemic?
A: I also got your phone message - and called back, tried to leave a voicemail but your mailbox is full and not accepting new messages. Much depends upon the nature and seriousness of the alleged violation but no, you don't have to voluntarily terminate your tenancy. Your landlord likely wants you to do that so that they do not have pay you any relocation assistance money (assuming they otherwise would) since you "voluntarily" terminated instead of having them try to terminate you. Next, they likely cannot get rid of you without your voluntary termination of tenancy. IF the violation is so serious as to merit a 24 hr termination of tenancy notice, the landlord likely would have already done that. So they do not have confidence that they would win such an eviction if you challenged it and likely they would not unless it was an extremely serious violation. They could issue you a 30 day for cause termination notice, but that would give you 14 days to "cure" the problem and if there are no further similar violations, your tenancy continues as if nothing happened unless a repeat violation occurs. If a repeat occurs on day 15-day 30, and you do not vacate by day 30, then they can go to court to try to evict you - but they would have to produce the proof. If a repeat violation occurs day 31-6 months, then they can give you a 10 day notice to get out and go to court if you do not do so - again, then having the burden of proving the violations and having provided you with proper notice. So while nothing is certain without carefully reviewing everything with you, the great odds are that your landlord is just trying to coerce you into making their live easy and letting them accomplish what they otherwise are unlikely to be able to do.
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