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Oregon Landlord - Tenant Questions & Answers
0 Answers | Asked in Environmental and Landlord - Tenant for Oregon on
Q: My landlord failed to fix HVAC problems apt. I've complained in writing last 3 yrs. Have asthma and many MD visits.

I live in a large apt. complex in North Bend. I have a bathroom exhaust

fan that vents "without" ductwork directly into the attic; a local code violation.

Frustrated, I just bought a borescope 2nd floor attic space! Pictures of my bathroom

exhaust box (outlet)... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Oregon FED eviction process for commercial is not often shown in courts why ? And must they also state a valid claim ?

Oregon FED eviction requires the landlord to state a valid claim (scott V Hickey) does that rule extend to commercial ? And once a defendant losses and the Lawyer gets a writ then a charging orders for an unrelated property via LLC whats the best next plan ?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much time do I have to vacate my premises if I miss my eviction trial?

We have an eviction trial on Dec 2 and we are uncertain we can attend. Oregon provides 4 days to the tenant to move out generally, but is this contingent upon whether the tenant attends the trial? Wondering if the tenant can be evicted immediately upon not attending the trial or if the 4 days is... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 28, 2024

You would still be entitled to 4 days notice of a court evicting you. But depending upon the circumstances, you might be able to get the trial postponed or more than 4 days even if you lose, all at the Judge's discretion. But you have to talk with the court.

0 Answers | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Landlord did not provide itemized list of charges at move out after I requested

My move out packet included photos of a leaking roof and cracked/ missing floor tiles/ dirty floorboards/etc that were not my responsibility and when I asked for a detailed list of repairs/costs the agency ignored my emails. I’m suing them for $2000 and letting them keep b $650. Do they have to... View More

0 Answers | Asked in Contracts, Civil Rights, Landlord - Tenant and Public Benefits for Oregon on
Q: Landlord asked if I would sign new lease 6 months before lease was ending. I had 2 17 year olds who would be turning 18

Couple weeks before lease renewed. Landlord never told me kids would need co-signers . Also I have section 8 and landlord says income from co-signer needs to be 2 1/2 times full rent amount and not subsidized amount.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long do I have to file a case against my landlord?

I was incarcerated on the 5 th October 2024 while I was you jail .my personal property was stolen out of my private room . My

Gregory L Abbott
Gregory L Abbott
answered on Nov 12, 2024

It is not clear to me whether you have valid claims but if so, the likely most important thing you can do right now is to document everything as fully as you can. Notices, documents, witnesses, pictures, etc as well as proof of what you lost and its value. You have 1 year after the event to sue... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Oregon, can landlord deduct $1000 repairs from security deposit instead of Billing tenant directly while living there?

Oregon tenant law, Landlord completed $1000 worth of repairs to property deducted the total from security deposit instead of billing tenant directly. Now he says tenant needs to repay the $1,000 to fill up the security deposit again. Tenant is on a 1 year lease until 1/1/25. Is it legal for the... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2024

The security deposit is to cover the costs of damages that the tenant is responsible for. A landlord is free to charge against it anytime and to require the tenant to restore the deposit's balance. You can request proof of the charges but this means the landlord doesn't have to advance... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for Oregon on
Q: Can a person I lived with until a no contact order was placed against me, legally say that my car and personal belonging

We're abandoned by me and give them away even though I was not allowed on the property without a civil officer which I was in process of obtaining within 48 hrs of being kicked out ? What are my right?

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the person you lived with cannot legally declare your car and personal belongings abandoned just because you're under a no-contact order. Being barred from the property doesn’t mean you’ve given up your rights to your possessions. You still have legal ownership over your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need some help My step son rented my home from 1999 to 2008.. He now says I used the rental for illegal enrichment.

The rent was $500 per month. Around 2004 he asked if he do lease to buy. I did not agree verbally or written contract. I said if I see improvements I would not raise the rent. In the spring of 2008, he was getting behind on the rent and had two people move in. In July he decided to move out. And... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 21, 2024

I'm not clear what he alleges, why he thinks he has claims against you, or what they may be. However it sounds as if 16 years have passed since any claim he might have arose. That far exceeds any statute of limitations that could apply. It's very unlikely that he can win any legal claims... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my building force me to pay for and use a trash service that was not included in my original lease addendum?

My building has a valet trash service that picks up trash outside our doors each evening. I signed an addendum for that service when I signed my lease. They changed the service now requiring tenants to schedule a pick up time and hand their trash directly to the pickup person. I always carry my... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2024

Are you month to month or under a long term lease? If the lease addendum lays out the specific service that they provide (leave trash outside your apt and we pick it up each night, or some such) then that's what they need to provide for the term of your lease. If they aren't able to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon, can I record my landlord in my bedrooms, kitchen, and livingroom without their knowledge or permission?

To clarify, I'm asking about video recording with audio.

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

In Oregon, the law regarding recording conversations or activities in private areas like bedrooms, kitchens, and living rooms without the consent of all parties involved is complex due to recent legal developments:

General Law: Oregon law traditionally required the consent of all parties...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: set to move out on Sept 23rd. Gave our landlord 30 day notice on aug 22nd. Rent is due on the 1st. will it be prorated?

We move out by the 23rd of September, gave our 30 day notice on the 22nd. Rent is due the 1st of each month. Will we have to pay for all of September, or just through the 23rd? We are moving because we have had bed bugs for 6 months and they have done little to nothing to solve the problem(they... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

First, depending upon the details, notice given to the landlord, etc., you may have claims back at the landlord for failing to remedy the bedbug issues. If you want to consider that, review things with a local landlord-tenant attorney.

As for pro-rating the rent, yes, if you have noticed...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to charge me for water and sewer when my neighbor provides me water with his well
Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

What does your lease say? Your landlord's water is presumably metered and hooked up to your pipes. How is the neighbor's water acquired? Do you have septic or does your neighbor provide some sort of sewer service as well? Since water and sewer are frequently billed together by the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord told me tonight that I am evicted because I had somebody over here to help me do yard work

I have no lease and I've been here a year in August and my rent is paid through July and when he comes here he never gives me no notice and then he stays here in the home but I told him that he can no longer do that I need a 24-hour notice before he shows up and he can't stay here anymore... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 24, 2024

You don't post anywhere near enough information to be able to meaningfully advise you. What type of tenancy - month to month or fixed term? How long have you been renting there? Regardless, he can't even start to evict you without serving you with written notice terminating your tenancy.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: May a landlord use word of mouth to coerce tenants into moving out?

Is it alright for a landlord to declare to tenants an intent to place their home up for sale at an unknown year in the future, so they will begin moving out as soon as possible?

Gregory L Abbott
Gregory L Abbott
answered on Jun 12, 2024

Of course a landlord may share their anticipated plans with a tenant. It can help everyone plan. The landlord must still issue the correct written notice etc when the time comes.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: In Oregon state, if breaking a lease (90+ days before move-in), what is the landlord's obligation to find a new tenant?

Rental is an apartment building, whose manager claims there is a waitlist to get in. However, they will not advertise nor communicate lease takeover availability to the waitlist, because they are charging higher rent than what's in the lease. Lease was signed 10 months before move-in date.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2024

Much depends upon what the lease says. IF it contains an early termination penalty clause, the landlord is free to assess up to a 1 1/2 mo rent penalty for early termination, according to the written lease provisions. If there is no such pre-payment penalty, the existing tenant can be on the hook... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I moved in on 10/01/21 got rental agreement on 12/12/23. How many months can they go back

I kept asking for the agreement Never got one until12/12/24.cityof mcminnville won't Put into name. Requested for over a name

How mony moths can they go back to colle beforect

James L. Arrasmith
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answered on Jun 15, 2024

If you moved in on October 1, 2021, and did not receive a rental agreement until December 12, 2023, the landlord's ability to retroactively collect rent can depend on local and state laws. Generally, without a signed rental agreement, the landlord may still be entitled to collect rent for the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my lanord start eviction process on the weekend- multnomah county oregon

I live in portland, oregon and am on section 8. On the 5th of this month, my landlord informed me section 8 did not pay my rent this month and when she called they told her my recertification was 6 mnths late. She then told me I was responsible for the entire rent amount or she would start... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 9, 2024

No worries. Eviction suits can only be filed Mon-Fri. Plus they can't file without first having given you a 10 day (no longer just 72 hr) written notice, containing all the required information and having it lawfully served. Even then, once an eviction suit is filed, your first court... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to terminate due to unpaid utilities if utilities is not in name that is on apartment.
James L. Arrasmith
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answered on Jun 10, 2024

Terminating a tenancy due to unpaid utilities when the utilities are not in the tenant's name can be complex and often depends on the lease agreement and local laws. If the lease explicitly states that the tenant is responsible for paying utilities, then failing to pay them could be considered... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My 1-year lease expires on 7/31. Have not received notice or renewal offer yet. Can they raise rent on new lease offer?

City: Gresham, OR (Multnomah County), have been in unit for more than 5 years already, no violations or late payments, - If they don't send renewal by 6/1, what should I do?

Gregory L Abbott
Gregory L Abbott
answered on May 21, 2024

You need to carefully read your lease regarding renewal and termination. Some leases terminate automatically unless the parties have agreed to renew it. Most automatically roll into becoming a month to month if there's no agreed renewal of the fixed term lease. Still others require at least X... View More

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