Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Libel & Slander for Oregon on
Q: I rent a room. Was served restraining order removing me from home. How do I respond? Only have 30 days. I live in Dayton

Respondent says I tried to push her down stairs, causing her to fear for her safety. She told me" all I have to do is say you hit me and you will be forced to move".

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I'm sorry to hear you are dealing with this difficult situation. Here are some steps you can take:

1. Seek legal assistance: Contact a local legal aid organization or a private attorney who specializes in landlord-tenant law and restraining orders. They can help you understand your...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What tenant rights does my ex wife have or her roommates have after I buy her out?

My ex wife is living in the family home and reimbursing me for the mortgage. She has two roommates that have been there for over a year. One pays weekly rent. The other may be some kind of trade. I don’t think there is a formal rental agreement either.

I am planning on buying her out in... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

Your concerns are likely justified. If she is a part owner, she is not a tenant and has no tenant rights (at unless you give them to her by allowing her to stay past the statutory period. The others sound to be valid tenants - but whose? If you co-own the house, then yes you already are a landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Ptld OR:Tenants refusing to entry to yard for necessary maintenance to main plumbing pipe replacement. What can I do?

There is only entrance to the main plumbing supply pipe. To replace 47 years old end of life pipe, the only way to anccess is digging underneath the unit from exterior side of tenants porch. It took approximately 2-3 days to dig for 20 ft creating clawl spaces, access and replace the 6 ft the main... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

As a landlord, you have the right to enter the property to perform necessary maintenance and repairs, especially in emergency situations like a major plumbing issue. Here are some steps you can take:

1. Communicate clearly: Send written notices to the tenant explaining the necessity of the...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Portland Oregon. I would like to evict a tenant.

Can I have my processor/attorney attache the eviction notice to the main public entry door to the apartments, or do I have to have it put on the tenants front door to their apartment within the actual apartment complex?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

In Portland, Oregon, the eviction notice must be served to the tenant in one of the following ways according to Oregon state law (ORS 90.155):

1. Personal delivery to the tenant; or

2. If the tenant is not available for personal delivery, the notice can be posted on the...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I own a private home. July 2023 I let a friend to move in because no job & DUII. We have no contract. Can I evict him.

We met in Nov 2020. He has lived with me off and on. I finding it difficult maintaining the home. I’m 71, he is 36.

I agreed to help him with some of his bills totaling $395 per month. He works 18 hrs per week, attends a diversion class 3 nights s week for his DUII. He can become... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Based on the information you provided, it seems like you have allowed your friend to live in your home without a formal lease agreement. In most states, this type of arrangement is considered a month-to-month tenancy. To evict your friend, you will need to follow your state's laws for ending a... View More

1 Answer | 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

Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

The Oregon State Bar Association is not run by Legal Aid. You can use this webpage to submit a complaint about your attorney's conduct: https://www.osbar.org/secured/cao_attorneycomplaints.asp

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a voluntary vacate agreement the same as an eviction notice?

My grandmother's house was recently obtained by Fannie Mae after the foreclosure of the property. They sent us a Voluntary vacate agreement that we signed; however, due to the shortage of housing in the area, we probably won't be able to make it out of the due date, and we were worried... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

A voluntary vacate agreement and an eviction notice serve different purposes in the context of housing laws. When you sign a voluntary vacate agreement, you're agreeing to leave the property by a specified date, usually in exchange for certain benefits, such as a waiver of owed rent or a cash... View More

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.

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.