Ashland, OR asked in Landlord - Tenant for Oregon

Q: What is considered harassment by a landlord?

We told our landlord that her text notice to vacate wasn't valid and now she text me that she needs access to "their house" as they put it for two days for about 12 hours total. She says she needs to do repairs while she legally evicts us since we didn't vacate as she requested. She says she needs to do outside repairs but needs full access to her house. She said she is only telling us as a courtesy as we have waived our rights and that we can't access our rental from the front we can only use the sliding glass door in the rear. The only repair we have asked for was windows that opened instead of being sealed shut (none of the windows open and have been nailed and caulked shut) and that the mold issue be resolved. Those are not the repairs she wants to do.

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

A: Arguably a landlord can give at least 24 hrs advanced notice and enter your property to do real repairs. Repairs, however, are different than upgrades, remodeling, etc. and those arguably a landlord cannot do during a tenancy without the tenants agreement. You have waived nothing and are unclear as to why the restricted access or for how long it is to go on. IF for two days and is otherwise legitimate, that's one thing. IF for longer, you may be entitled to a reduction in rent or other forms of accommodation during the duration. Do remember that you are free to deny the landlord's entry so long as you do not do so unreasonably. If you tell the landlord no, and they come/enter your property anyway, document it, tell them to leave, call the police if they refuse to do so, and see a local landlord-tenant attorney to sue and collect a month's rent for each unlawful entry, plus your court costs and attorney's fees. Good luck.

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