Asked in Landlord - Tenant for Oregon

Q: Can landlord kick me out if I get a restraining order on my live in boyfriend for domestic violence?

I live in Klamath County. I accepted a verbal agreement to receive housing and utilities in exchange for caregiving in December of 2020.

My boyfriend moved in with me in Feb. Of 2021 with landlords approval. In March landlord asked for 150 a month. I agreed. In July bf and I had a domestic dispute and I filled out papers for restraining order. Landlord said that if I filed papers he would have to evict us both. In August landlord stated that rent is increased to 300 a month and is not allowing me still to file restraining order against bf without being evicted myself. I really don't know what to do.

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

A: You need to review everything with a local landlord-tenant attorney. First, rent cannot be increased during your first year of tenancy, nor can it be increased more than 9.2% over any 12 month rolling period - both of which sound to be violated. Plus any rent increase requires at least 90 days prior written notice before it can be effective. There may be monetary penalties to the landlord for even trying this non-sense. As for evicting you because you are a victim of domestic violence, that too is unlawful. You are specifically protected unless you participated in criminal activity (e.g. both of you charged with domestic violence) or permitted the abuser to stay after being warned by the landlord to get rid of him due to the domestic violence. Your case may be complicated by the apparent connection to staying there as part of your employment but if you pay rent, you are almost assuredly a "tenant" within the meaning of the landlord-tenant statutes and would therefore be protected by them. So see a local attorney - it may mean money in your pocket. Good luck.

Katherine Goodman agrees with this answer

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.