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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What do I do about the deposit a tenant paid..he's leaving and his (newer) roommate is staying.

The first tenant quit his job and hasn't found another, so he's moving out because he can't pay his rent. He didn't pay January's rent and is moving at the end of the month and would like his deposit. That leaves his roommate who didn't pay a deposit. I understand we... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 15, 2019

You simply haven't provided enough information to be able to meaningfully comment. IF both tenants are on the same rental agreement, then the deposit most likely (subject to the actual language in the rental agreement) covers both tenants and is refundable normally only when the last of the... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: In Oregon the landlord denied my wife’s application for tenet . This is after 2yrs living together at mobile home park

I got married 2yrs ago my moved in with me . The landlord has known about this . & now all of the sudden he has refused the rent made us apply together for approval that was denied ? I am the owner he refuses to give a copy of past rental agreement . And information that reason for denial .... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 27, 2018

Consider reviewing everything with a local landlord-tenant attorney. He can't evict you for failing to pay rent without first issuing you a 72 hour notice - and he has to accept rent if paid within that 72 hrs. Further, if he has accepted rent for 3 or more months knowing that your wife was... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Any precautions you'd advise in ending a six month lease with my tenant at its expiration because of planned rehab/sale?

We'd originally verbally agreed to go month-to-month once the six months were up, but am finding that they are going to be very hard to work with in coordinating repairs/rent reductions etc. Tenant was not aware that the plan was to sell the house, as I hadn't decided to do so at the time... View More

Daniel DiCicco
Daniel DiCicco
answered on Jan 2, 2019

Portland's tenant protection laws are kind of nuts right now. You can read about them here.

https://www.portlandoregon.gov/phb/74544

I believe in your situation that you need to follow the notice provisions to be exempt from paying Relocation Assistance.

See below->...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What options do I have?

A friend of mine owns his home and has let me and my kids live there for the last 4 years and all the sudden at the begging of december he tells us we have to move out by the 3rd of Jan. Because he wants to go on vacation to his sisters in california. Can he do that??? What are my options?

Gregory L Abbott
Gregory L Abbott
answered on Dec 18, 2018

It depends upon whether you pay, or ever agreed to pay, rent and thus have a landlord-tenant relationship with the owner. If so, you have all the rights of a tenant meaning he cannot remove you without providing at least 60 days prior written notice and then, if you have not vacated, he has to go... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If i was a resident with someone in their home and they pass away. Am i allowed to stay in the home since the rents paid

I was living with an Older Gentleman who passed away. I have lived with him in two seperate houses, and i helped move the first place to the new place. I have received mail there and i have the address of the old house on ny current ID and the new address as my mailing address in the Oregon system.... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 12, 2018

It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: How do I get a roommate who has a friend sleeping over about most nights to stop?

My roommate and i are both on the lease. He has a friend sleeping in his room most nights for the last 3 weeks. I have told him this is excessive and 1 or 2 nights is fine. This is continuing. I would like this to cease. What are my options? What groups can help? Should I contact my property... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 9, 2018

Look at your lease - most leases provide for a limit on how often a guest can stay before it violates the lease and potentially subjects you both to termination. IF it does have such a limitation, and your roommate won't abide by it, then you need to consider the potential impact if you call... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: We just sold our Century Farm. Two weeks after owners moved in they say septic pump isn't working, want us to pay.

Pump was working when everybody signed off, new owners now say it isn't, want us to pay $1,000 to fix it.

Daniel DiCicco
Daniel DiCicco
answered on Dec 4, 2018

Most real estate is sold with no warranties. Both parties have the opportunity to inspect a property before the sale closes and the buyer is expected to do their due diligence. Unless you have some warranty written into your sales agreement then you have no legal obligation to pay to fix their... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: A new job in Bend caused me to break a lease in Boise. The landlord re-rented for less and is demanding the difference.

Hi. After 4 months in Boise I received a great job offer in Bend. My 12 month lease @1500/month was 'breached', and the landlord said the market in November was not as good as August, therefore rented the unit for$1300/month, $200. less. He's demanding the $200 x 8 months, and is... View More

Daniel DiCicco
Daniel DiCicco
answered on Dec 4, 2018

Hi there. Well, your former landlord is not exactly wrong on this. When you breach a lease you do owe the amount you would have paid on the entire lease. The landlord has the duty to mitigate his damages by attempting to re-rent. If he were to sue you then he could potentially recover the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Q: Does a widow in Oregon have survivorship rights even though only husbands name is on deed to house?

They were married 9 years, lived together 2 years before that. She has lived in home with him from date of purchase. His estate is very small. Husband left no will. She has to go through probate if no survivorship/common law/Tenant by entirety.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 3, 2018

If only the deceased spouse's name is on the deed to the home, the surviving spouse must initiate a court probate proceeding to have ownership of the home transferred. The surviving spouse has certain claims to a deceased spouse's estate, but the deceased spouse's estate will have... View More

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: Living at step mom house

Basically living in my step mom house till i close on my house on the 30th. My dog rip up the carpet im the room in staying in. Im going to replace the carpet because the carpet in this room now is 20 plus years old. Now shes saying she wants the padding and closet done to or shes going to sue me.... View More

Joanne Reisman
Joanne Reisman
answered on Nov 28, 2018

Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can the property owner show the inside of my home (which I'm renting) to prospective buyers?
Gregory L Abbott
Gregory L Abbott
answered on Nov 27, 2018

Yes, as long as they do not do so with such frequency as to interfere with your right to quiet enjoyment (while there is no firm rule, I would argue that showing it more than 2X a week is excessive - and that may even be excessive - but in the end, it is up to the Judge) and they provide you at... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am in douglas county Oregon. I gave my tenants a 90 day notice and extended it our almost another 2 months.

Stopped paying rent and owe 3 months back rent plus late fees. They left behind a dog, a car, 2 cats and a bunch of stuff. I gave them notice about items being abandoned 2 weeks ago. When can I take back my house? I want to sell the car and other junk to help pay for storage fees, back rent and... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 25, 2018

Unfortunately, no one can definitively answer your question without reviewing all the facts and details in person; seeing you 90 day notice etc. BUT if they truly abandoned their tenancy; AND you have fully complied with the abandoned property notice requirements specified in ORS 90.425; then you... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can my mother force me to sell my house. She moved in to my house 6 years ago, and paid off the mortgage. My kids are I

I had equity in the house. Both of our names are on the deed. My kids and I don't want to move. Can I buy her out,paying her back the original amount, or do I need to give her 50% of the market value and sell our family home.

Joanne Reisman
Joanne Reisman
answered on Nov 24, 2018

This is the type of situation where you will need to talk to a lawyer in a private consultation. After hearing all the facts the lawyer will be better able to help you sort out your legal options. There is a way a part owner of a house can try to force a sale but whether or not they will be... View More

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: How to go about sueing the lender of my home?

I bought a home about 3 years ago, the lender failed to put me on the deed. Every time the tax assessors send me a tax statement it shows a different owner. What is the title for me to sue under on this type of claim?

Vincent Gallo
Vincent Gallo
answered on Nov 20, 2018

The lender does not put you on the deed, typically, the sellers’ attorney prepares a deed, the seller executes it and has it acknowledged, you are named as the grantee, and the deed gets recorded. Seemingly, someone is ill advising you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Isn't a property manager legally required to tell a potential renter that the complex is being sold?

I was not told until I moved into an apartment that it had been sold. Isn't that fraud?

Gregory L Abbott
Gregory L Abbott
answered on Sep 18, 2018

Not at all. A landlord must disclose in writing to a potential tenant, before the execution of a rental agreement, if the dwelling is the subject of an existing lawsuit such as it is being foreclosed upon or potentially being forfeited, but landlord's are free to sell the rental dwelling all... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I was given a 30 notice to move from the room I have been renting. Now, my roommate/landlord wants me to move 2 weeks

Earlier and has packed my belongings. Can she do this?

Gregory L Abbott
Gregory L Abbott
answered on Sep 12, 2018

No, you are entitled to a minimum of 30 days notice, assuming you have been there less than a year and are not within the city limits of Portland. More than a year is 60 days; and if you are within the city limits of Portland, 90 days regardless of how long you have been there. If you are in... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental year lease /agreement has wrong start and finish dates plus written over leters is it null and void

I'm trying to get out of said lease but having a difficult time doing so.

Thank you,

Gregory L Abbott
Gregory L Abbott
answered on Aug 31, 2018

It depends - were the existing dates simply mis-entered or a "typo" in an otherwise mutually agreed lease term or are they accurate from one parties understanding and somehow agreed to in writing but a mistake according to the other party? I am unclear what you mean by "written over... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I just have a verbal agreement with my landlord for a month-to-month contract now he's served eviction
Gregory L Abbott
Gregory L Abbott
answered on Aug 28, 2018

A landlord can terminate a month to month tenancy with a properly worded 30 day (60 day if you have been there more than a year) advanced written notice (no email, text message, etc.) that is lawfully served. If you do not vacate by the notice deadline, the landlord then has to file in court to... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Oregon on
Q: My sister is executor we are both legal heirs,but she let a friend move in he won't leave

She wouldn't evict him said it was too much $ to do so.He is suing over the cost of work he has done.No records of labor,materials.It has been over a year,I need the money-what can I do?

Gregory L Abbott
Gregory L Abbott
answered on Aug 23, 2018

If your sister is the court appointed Personal Representative of someone's probate estate, and it is in Oregon, then if it has been a year+ since filing of the probate, it likely is nearing a conclusion unless there are serious complications. One such complication may be if the estate is... View More

1 Answer | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: I filed chapter 7. I still have my home.Can a previous debtor take it from me?I was told I can't refinance.
Timothy Denison
Timothy Denison
answered on Aug 19, 2018

You’re going to need to add a lot more facts about how a previous debtor is involved at all to answer this question.

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