Seattle, WA asked in Landlord - Tenant for Oregon

Q: We have rented almost 3 years. In September of 2020 lease changed month to month. Today we got 60 day notice to vacate

Landlord gave us a no cause eviction June of 2020 the day after we paid rent and late fee. When the moratorium was extended she rescinded that notice. A couple weeks ago she mailed us a notice of Rent increase effective Sept 1 but didn't give it to us until end of June, so definitely not 90 days. Then today emailed us "Notice of Non Renewal of Lease" with 60 days to move even though we are in a month to month tenancy and have been here almost 3 years

Related Topics:
1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Your landlord's actions appear to be highly suspect but more exact details are needed to know much. Charging a late fee in June 2020 may or may not have been legal (it became unlawful to charge late fees during Covid but I don't recall the effective date off the top of my head). Any rent increase cannot be over 9.2% total in the last 12 months and it requires at least a 90 written notice containing the legally required information and have been lawfully served or it is invalid. To maximize remaining at your current rent, I recommend NOT telling your landlord the notice is unlawful before its purported effective date since she will then have to re-issue a new, correct 90 day notice. You don't say what the reason stated is for non-renewal of the lease or where you are located (inside City of Portland limits?). Either or both could affect things but regardless 90 days is most likely required (though 60 days is legal in some limited circumstances) and it MUST be a written notice - as in paper and ink/toner - not email, text, voicemail, verbally, etc. It too must contain the legally required language and be lawfully served in order to be valid. All in all, you may wish to review everything with a local landlord-tenant attorney to be sure you are "safe" in ignoring her notices and to establish a game plan for how to address things going forward. You may also already have damage claims against the landlord for issuing unlawful notices. Good luck.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.