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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I send out a 90 day for cause Owner qualifying reason? and NOT pay the tenant for having to move?

I own a duplex with my brother in law he lives in his side of the duplex and I rented it out but now I am wanting to move into my side of the duplex. Do i have to pay the tenant since I am asking them to move out? or am I in the clear since it is the only property I own? Also what do I need to... Read more »

Katherine Goodman
Katherine Goodman answered on Mar 9, 2022

Without additional information including when your tenant moved in, when the lease is set to expire, and what city the rental property is located in, I cannot answer your question. If the property is located in the city of Portland, the answer is generally yes, but there are a lot of factors that... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord kick me out of the room I rent without no notice of eviction?

My wife and I rent a room in her fathers house, her and I got into a disagreement (non physical and not in any way hostile) and he had over heard and had kicked me out the house putting me on the streets away from my kids and wife. Is he able to do this legally?

Gregory L Abbott
Gregory L Abbott answered on Mar 7, 2022

No, not without proper notice and just cause. See a local landlord-tenant attorney if you wish to seek monetary damages though doing so is likely to damage whatever may be left of your relationship with your father-in-law.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My condo is invested with roof rats. HOA is dragging their feet getting it taking care of. It's been a month. Plz advise

Meant to say infested

Katherine Goodman
Katherine Goodman answered on Mar 9, 2022

It sound like you may have a claim against your landlord and HOA, if you have not reached out to a local landlord-tenant attorney you should do so as soon as possible. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am a landlord and want to replace plumbing in a rental house. Water will be out during work. How much notice...

I rent a house I own and need to replace all plumbing in the rental. During work, which could take a couple days, there will be no water in the house. What are my obligations to my tenants in this situation? Am I able to do this while they are living there? If I am, how much notice am I required to... Read more »

Katherine Goodman
Katherine Goodman answered on Mar 11, 2022

Generally, as a landlord you need to give at least 24 hour written notice to enter the property to your tenants and if the water is going to be out for several days you should give them a hotel room or a comparable place with working water to stay until the work is complete. You should consult with... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a notice of termination in oregon dated for 2-10-2022 my whole family has covid and r in quarantine

I haven’t been able to finish moving I won’t be able to quarantine until the end of this week

Gregory L Abbott
Gregory L Abbott answered on Feb 14, 2022

I am interpreting your posting to mean you are supposed to be out by Feb 10, not that the notice is dated Feb. 10. If accurate, your and your families Covid status does not affect your termination date or obligation. Others can move your property but regardless, the notice is for terminating your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord make me get rid of my pet to keep a prescribed ESA dog?

My roommate has a pet and I have a pet cat. I was prescribed an ESA dog and had one before but it unfortunately died. It has been six months and after encouragement from my therapist I got another ESA dog. My landlord is claiming I have to get rid of my cat in order to have my ESA dog to stay under... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 14, 2022

Request? Sure. Require? Doubtful. As you point out, ESA and Service animals are legally not pets and thus not subject to pet restrictions or even no pet policies with landlords.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord raise rent in September 2021 and then again in May 2022?

My landlord raised my rent in September 2021 and today I received a notice that my rent is going up again in May 2022. It seems this is 2 rent increases in less then 12 months. I have lived here for almost 5 years. Is this legal? I have a month to month and I had a notice on my door, and slipped... Read more »

Katherine Goodman
Katherine Goodman answered on Feb 3, 2022

If you have a fixed term or a month to month the answer is generally no. If you have a week to week lease the answer could be yes. But without seeing the notice, knowing what type of lease you have and knowing how you were served with the notices it is hard to answer your question. I would... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My Oregon landlord is selling our rental and provided a 90 day notice to vacate which is fine, however he wants to come

To make changes but we have a small infant and a person with compromised immune system so we are concerned about Covid and want him to wait until we vacate to have electricians plumber and general repair people, is it possible to ask that he wait?

Katherine Goodman
Katherine Goodman answered on Feb 1, 2022

Your landlord is allowed to have access to the property as long as he gives you 24 hour written notice of their intent to entry the property during reasonable hours. You can schedule a time of which you and your family are not at the property at the time of the appointment or you can request that... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord do inspections every month during the pandemic?

They are always doing inspections that I feel don't need to be done every month it's not just me it's the whole apartment complex and they even go into people's homes when they have covid and still try to go into others homes after ... Am I able to deny them entry each inspection ?

Katherine Goodman
Katherine Goodman answered on Jan 28, 2022

Under ORS 90.322, your landlord can access the property as long as it is reasonable and as long as they give you at least 24 hour notice in writing that they intend on entering your dwelling unit. You can deny them entry as long as you are being reasonable as well. If you are unsure if it is... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I forgot to pay my rent (about $1450) I was charged a one time fee of $200 In oregon is this "reasonable"?
Katherine Goodman
Katherine Goodman answered on Jan 28, 2022

Generally, pursuant to ORS 90.260 your landlord is allowed to charge you a late fee as long as you have a written lease agreement that states the reasonable amount you will be charged, that you have obligation to pay a late charge on delinquent rent payments, the type and amount of the late... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens if a landlord sends you a receipt for damages after 31 days has already passed? In Oregon.

Also, does moving early and prorating rent end the lease at that time?

Katherine Goodman
Katherine Goodman answered on Jan 11, 2022

If you have a security deposit and your landlord did not give you an accounting statement within 31 days of you vacating the property and/or returning possession of the property back to your landlord, you may have a claim of wrongful withholding of your security deposit against your landlord.... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: What does a person do when they have a (rather substantial) claim, yet is unable to even get in contact with a lawyer?
TeAnna Rice
TeAnna Rice answered on Dec 23, 2021

There is no doubt that there is an shortage of attorneys and there will only continue to be some. Furthermore, due to COVID-19, trials are not moving fast enough, which leads to an increase in attorney workload. The best thing to do is to continue to search for an attorney to assist. Over the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 30, 2021

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I deny a rental to 2 tenants with 2 service dogs at a vacation rental, for example for a 2 night stay in Oregon ?

We are the owners and the vacation property is managed by Vacasa, Vacasa says we have to rent to them.

Gregory L Abbott
Gregory L Abbott answered on Nov 26, 2021

You cannot deny them rental because of the service animals. If you have other legitimate grounds, you may be able to deny renting to them but any denial is likely to be suspect and subject to legal challenge so be careful and be sure to fully document everything.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month-to-month, 2 roommates, gave 30-day notice. Landlord not accepting because roommates don't qualify. Legal?

I am paying rent on this 4 bedroom apartment by myself since my wife is no longer residing here (living with a boyfriend) and stopped paying rent or bills, Mother-in-law lives with us also not paying her share of the rent. The landlord insists that if I move out with my children I will still be... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 24, 2021

Yes, generally all tenants that signed the lease agreement are jointly responsible for paying the rent - all of the rent. But only so long as the rental agreement is in force. Assuming you are on a month to month tenancy, as soon as one tenant provides 30 day notice, the rental agreement... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is my landlord allowed to tell me when I can and can't leave my place of rent? And can he have cams on outside of house?

I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2021

It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Live in shed, pay 500 monthly, behind on rent, no written lease or agreement. Can she kick me out and keep my things?

I have been trying to get moved but doing it by myself. I am a single 50 year old woman witha little car and a cat. Can she lock me out and keep my things? Her drug addicted kids have already stolen some of my things but i have no prrof. Now she wont let me get the rest of my stuff what can i do?

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

See a local landlord-tenant attorney immediately. No, a landlord cannot legally lock you out or keep your personal property without having already gone to court and having obtained a Judgment against you. You may be entitled to recover damages from her.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Roomate kicked me out and is not allowing me to get my things. What are my rights?

We only had an oral agreement. I have been living there for more than 30 days.

Lane County, Oregon

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

Your roommate has no legal authority to kick you out, anymore than you do to kick him out. Only the landlord can terminate a tenant's tenancy and then only with a court Order if the tenant opposes the action. See a local landlord-tenant attorney immediately.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can we get landlord to allow permanent construction of accessible shower for disabled person in her apartment?

Greystar owns and will allow construction but insists on 'return to original condition' clause. Can attorney negotiate to eliminate this clause as it is a capital improvement to their property? Also would love for them to pay a portion if possible. Disabled daughter has lived in unit for... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2021

The landlord is within their legal rights under the Americans With Disabilities Act requirements. They have to allow reasonable accommodations but the person making the request has to be willing to pay for the conversion of the premises and pay to convert it back again when they leave if the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My complex has started charging tenants additional water/garbage/sewage fees under the umbrella of covid increases.

The lease has a specific amount charged for rent and a requirement before moving in was simply setting up electric accounts. Does this count as a rent increase if started well after the lease was signed and prior to a year of residence? Is this something allowed outside of the lease agreement? I... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2021

Utility charges are not rent - and thus do not come under the rent raise limitations or timing. However, if the landlord is paying the utility charges and then billing them out to the tenants on a pro-rata basis, there are statutes that govern that and have strict disclosure requirements in a... Read more »

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