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Oregon Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant and Legal Malpractice for Oregon on
Q: What to do if your attorney lied to u and did not realy did nothing for u when land lord turned off power for 3 days &6

Months no hot water leagal aid did this to me & bar association is ran by leagal aid .. where to turn to niw

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What was the allowed rent increase for homes within the city of Portland, Oregon for 2023?..

Ive been told it was 14% and then went down to 10% about July of that year statewide.. however, the city of Portland had its own guidelines which made it 10%.. im within the city of Portland and mine was raised 14%..

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

Actually, Portland uses 10% not as a rent cap but rather if more than 10% rent increase, a tenant could refuse, move out and force the landlord to pay relocation assistance. It also required the landlord to include a variety of notices of tenants rights with the rent raising notice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am being threatened and illegally being evicted , it's a good case but I don't know what to do

I have police that will testify and lots of evidence to support my case.

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

You make an appointment and review everything with a local landlord-tenant attorney. If you can show financial need, contact the Oregon Law Center for free or reduced cost legal advice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord say that you have to have our papers filled by a doctor to verify you have an ESA animal? Illegal?
Gregory L Abbott
Gregory L Abbott
answered on Feb 10, 2024

An emotional support animal is "prescribed" by a doctor. So yes, you can be required to produce a letter from your doc prescribing the ESA. It does not have to say why or details of your case.

0 Answers | Asked in Landlord - Tenant for Oregon on
Q: I have been given a "Notice to Terminate" my tenancy. I believe that the notice I was given is unlawful - per ORS 90.427

I have a one year fixed lease, and my unit is subsidized through the HCV (Sect 8) program. It is my first year lease. However, I held occupancy prior to this year - paying the owner an un-subsidized amount (Fair Market Rent) for a few months until my transfer and voucher could be approved. The... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own rental house in Portland Oregon and would like to end our fixed-term lease with the current tenant.

This is the first year of the lease, which expires 3/31/24. Can we terminate the lease without cause, and if not, what are the reasons we can terminate a lease during the first year of tenancy without having to pay relocation fees? Thank you!

Gregory L Abbott
Gregory L Abbott
answered on Jan 29, 2024

You need to start with what the written lease says about termination and/or renewal of the tenancy. Some leases automatically renew unless one of the parties provides notice of their intent to not renew - usually with a minimum advanced time period for such notice (30 days, 60 days, etc.). Under... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Can a person that had power of attorney have control after death?( without filing paperwork for executor of estate)
Gregory L Abbott
Gregory L Abbott
answered on Dec 25, 2023

Yes, if separately given. A Power of Attorney expires the moment the person it is for expires. It automatically terminates at the moment of death.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My land lord and I have no contract but he is over charging me for utilities and won't show me the bill .

Paying$600 for utilities now he's kicking me out. He's now charging me for storage.can he do that

Gregory L Abbott
Gregory L Abbott
answered on Dec 20, 2023

You need to review everything with a local landlord-tenant attorney. He may or may not have the right to charge you for utilities (separately metered?) and cannot just start charging you for other, non-agreed to charges.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I paid a 1200.00 deposit. Gave 30 day notice I was leaving. I cleaned everything. I have pictures and I receive 100.00

Also landlord sent me a letter stating I left things ɓehind. I have witnesses. How should I dispute this.

Gregory L Abbott
Gregory L Abbott
answered on Dec 13, 2023

If you dispute the amount taken from your deposit, you are free to sue the landlord for twice the amount wrongfully withheld

You can do this in small claims court if it totals less than $10,000 or in regular circuit court for any amount though you likely want an attorney for that.

2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: I'm in a ongoing evuction from a landlord whos daughter asultes my son who is under age habe an restraining order on her

One side is hers one sidr is mine can I rent out a unoccupied room On my side if its unoccupied

Gregory L Abbott
Gregory L Abbott
answered on Dec 8, 2023

You most likely cannot rent out any part of your leased rental dwelling without the landlord's express permission - almost every residential lease contains a no subletting clause. If you are in danger of being evicted, for any reason, you wouldn't want to rent or sub-let anything at the... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate does not want to attend our first eviction court date. Can I go alone?

The papersates her name and all other occupants Not the names of the two other lease holders

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2023

Not only can you go on your own, you should to see what, if anything, you can work out with the landlord. Plus, if you don't go, a default Judgment is likely to be entered against you and you will have an eviction on your rental record, making it difficult to rent elsewhere in the future as... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 3-time violations and 90 days termination notice

My tenant has been living in the unit for over 3 years. First-year lease, then month-to-month. Having issued more than three violation notices within the last six months, am I legally allowed to terminate the lease with a 90-day notice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 5, 2023

Are these repeat violations or 3 separate? Your eviction rights likely depend upon what the violations are and how you previously responded - did you issue 30 day for cause termination notices? If so, you might be able to get rid of them with a 10 day, non-curable notice. You may want to consider... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Lanord perform shampooing the carpet at the tenant's expense after the tenant moved?

It was stated on the lease Landlord has the right to do house cleaning and shampoo the carpet at the tenant's cost when the tenant moves. The tenant provided an invoice for house cleaning services upon key release. However, upon inspection, the landlord discovered that only the carpet had been... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 5, 2023

It depends upon what your lease says. A landlord can only charge for carpet cleaning beyond just vacuuming IF their written lease tells the tenant that they will be charged for carpet cleaning after they vacate, regardless of whether they have it cleared themselves AND they had it shampooed before... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord charge early lease termination fee on top of my current rent?

They are charging me 1.5x of the rent as termination fee ON TOP OF my current rent, which is total of 2.5x of my monthly rent for just one month. They are keep telling me that the rent is not included in the termination fee, but as my knowledge and experience, they shouldn't be charging me the... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 2, 2023

Sorry but unless you have the most unusual written lease that I've ever seen, your landlord is correct. You didn't need to provide the 30 days notice (though it is undoubtedly appreciated) but the standard lease break penalty is 1 1\2 months rent. You owe rent for every day you are in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I give a property back to landlord two people are staying there not on lease to prevent and eviction.

My husband died and want to give back property can I do this so landlord can change the locks.

James L. Arrasmith
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answered on Dec 1, 2023

In Oregon, if you're looking to return a rental property to the landlord due to your husband's passing and unauthorized occupants staying there, the process depends on the terms of your lease and state laws. Generally, you can't simply hand over the property to the landlord without... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My husband died and I cannot afford the bills want to give back the property so I don't have an eviction on my record.

There are two other people staying in the house they are not on the lease can I do this and give back the keys to the landlord so he can take back property and change locks.

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, wanting to return the property to avoid an eviction is understandable, but it's important to handle this correctly under Oregon law and your lease agreement. Simply returning the keys does not automatically terminate your lease or responsibilities.

First, review your...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My (now ex) boyfriend allowed his mom and her boyfriend to stay temporarily at our rented house unauthorized.

This was 4 years ago and they are hostile and disrespectful. My former relationship was abusive and his mom is also abusive so I was always too afraid to speak up or confront them to leave sooner. They do not have a written or verbal contract to sublease nor do they pay rent but the mom claims she... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 29, 2023

This is not a do-it-yourself project. Nor do you have to wait filing suit until the restraining order is dismissed. Much depends upon the exact facts but eviction and landlord-tenant matters only apply when there is a landlord-tenant relationship and if she does not pay rent, there may not be one... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Oregon on
Q: I am going through an eviction and I was not formally nor personally served but landlord is proceeding with a date to go

Mail from my apartment was all being returned to the post office because they were under the impression that the apartment was already vacant. Had a check through a county housing agency to pay the rent and landlord refused to take. Was given faulty information in filing motion to stay by the court... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Oregon, proper service of eviction notice is a critical part of the eviction process. If you were not formally served with eviction papers, this could be a significant defense in your case. Oregon law requires landlords to serve tenants with a proper eviction notice before proceeding with an... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does not personally delivering a termination notice invalidate it?

My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 13, 2023

Assuming you are talking about a rental in Oregon, yes, technically only three methods of service are valid - personal, by mail, and/or posted on the door and mailed if a written lease provides for it. Leaving it in the laundry room does not comply. A creative attorney for her might be able to... View More

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