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Oregon Landlord - Tenant Questions & Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on

Q: Landlord is charging a late fee of 1200 when our rent is only 878

Hello my landlord takes rent off for cleaning work. For the last 6 months he is supposed to clear the dept off of cozy.com this month i told we won't pay the rent till it's cleared. Now he posted a 3 day late fee of 1200 when the rent is only 878

Gregory L Abbott answered on Sep 15, 2019

It is a bit unclear what you mean that he posted a 3 day late fee notice. 72 hour notices can only be used for demanding payment of rent - and only rent, NOT including late fees, utility charges, fees, etc. Including non-rent charges in a 72 hr notice renders the notice defective and... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I have a credit on my account that does not include the security deposit. Is that money to be returned to me?

I was wondering how do I request it and if it is to be returned to me how long does the landlord have to return it?

Gregory L Abbott answered on Sep 15, 2019

A landlord must either refund all pre-paid rent and security deposit within 31 days of the restoration of possession to the landlord by the tenant. So be sure that the ex-landlord has a current mailing address for you. If they do not timely account for why and how much they are keeping, or refund... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: How to sue a landlord in small claims

I was working with a lawyer who recently stopped communicating. He helped me get a letter out to my apartment complex in July which was completely ignored by the management company. How do I go about taking them to small claims or could I resend out the letter with different dates sending one to... Read more »

Gregory L Abbott answered on Sep 15, 2019

There may be a variety of reasons why your attorney appears to have dropped pursuit of your case. You can take it to another local landlord-tenant attorney. It offers the added benefit of getting a second opinion on the strength of your case. Or you can file suit on your own in small claims. I... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I’ll rephrase. We got our 30 day notice. Got the summons. The copy of the notice is not the notice we got.

So if she submitted an incorrect copy of the eviction notice is that enough to have the case dismissed. Due to the retaliatory nature of the original notice, they served us in a fit of anger and a obviously did not make their own copy but instead tried to duplicate the one we received.

Gregory L Abbott answered on Sep 12, 2019

It sounds as if you may have a valid defense. If you want to be sure, review it all with a local landlord-tenant attorney. If they are convinced, they might represent you on a contingency wherein they would defend you without further charge to you. Rather they would rely upon collecting their... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: RV Park eviction notice, then court papers. The notice was a different one than we received. Is that legal?

Would we be able to use that information to nullify the eviction? Thank you.

Gregory L Abbott answered on Sep 12, 2019

Asking the same question today as yesterday doesn't change the answer. The notice being relied upon must be attached to the Complaint when it is filed. If that notice was not actually served on the tenant, it may be a complete defense at trial. BUT if there has already been a trial or if the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: If a landlord gives you an eviction notice and files with the court with a different eviction notice, is that legal?

Does the property manager have to have a license? Eviction is for “no-cause” but is based on retaliation. This is at an RV park in Oregon. We are not residents of Oregon. Thank you

Gregory L Abbott answered on Sep 11, 2019

When a landlord files for eviction, they must attach a copy of any Notice being relied upon to justify the eviction. Landlords may, however, serve more than one notice at any point in time so IF the notice he attached to the Complaint was never served on you that could be grounds for your winning... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can my landlord evict me because her driver is harrassing me and tampering with my video surveillance cameras

Gregory L Abbott answered on Sep 10, 2019

Those are not legally recognized grounds to terminate your tenancy and evict you. WHY that is happening may or may not be adequate grounds but regardless, before being able to go to court to evict you, she will have to serve you with a written notice telling you why she is terminating your tenancy.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can property management raise rent after 5 mnths of agreement, after taking over from private home owners

Gregory L Abbott answered on Sep 9, 2019

There is not enough information here to be able to tell you much. Normally rent cannot be raised during the term of a fixed-term rental agreement but can at the end of the rental term. If, however, you are on a month to month tenancy, rent can be raised with at least 90 days advanced written... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Can I be given an 72 hour notice for non payment if there was no payment agreement

I live at my aunts property in a mother in law house there is no rental agreement and we have no verbal agreement to pay rent she said she will be giving me a 72 hour notice for non payment can she do that or does she have to give me a 30/60 day notice

Gregory L Abbott answered on Sep 3, 2019

Have you ever paid her any rent? If not, she will likely have a very difficult time trying to have a court evict you. Further, a 72 hr notice must specify exactly how much rent you owe - and how does she determine that if there is no agreement on the topic? You don't say how long you have been... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Are landlords required to pay for pest control services to remove wasp nests in the yard of a rental property?

The property is in Tidewater, OR. There is no specification in the lease regarding pest control. We have told the tenant that utilizing a self-applied wasp insecticide from a hardware store should be an effective remedy since it is only one nest, & he has refused to do that. We are in Utah, so... Read more »

Gregory L Abbott answered on Sep 3, 2019

It is a landlord's legal duty to keep the "[b]uildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Are landlords required to give 30/69day notice

I live in Oregon I’ve lived at my aunts house in a mother in law apartment attactched to the shop I’ve lived here for 2.5 years no rental agreement she texted me saying I needed to move out is she required to give me a 30/60+ day notice even without a rental agreement ? Also is her text message... Read more »

Gregory L Abbott answered on Aug 31, 2019

It depends upon how precise you are being. IF you truly mean that there is no rental agreement and you don't pay rent but are essentially a guest being asked to leave, no notice to you is required but she would need to ask the court to eject you - and that process can take several months once filed... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I have been at my rental for 2 years, and I just received a notice for me to leave by November.

From what I have read it sounds like they need to give me 3 months notice, and they would have to pay me

1 months rent, since they are moving in family. Is this correct?

Gregory L Abbott answered on Aug 27, 2019

If you have been there for more than a year, a no-cause termination of tenancy notice for a month to month tenancy involving a residency on property different than the landlord's own primary residence must provide at least 90 days advanced written notice (NOT email, text message, voicemail, etc.)... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense ?

I live in a townhouse apartment with over 20 units. I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense, so I can get the chair in and out of my home?

Gregory L Abbott answered on Aug 27, 2019

You can request the modification to your home to accommodate your new needs. However you will be responsible for both the cost of building/installing the modifications and for the cost, when you vacate, of restoring the home to it's pre-modification condition.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: my landlord isn't renewing my lease in November, and the reason is that she is moving her extended family in.

Gregory L Abbott answered on Aug 26, 2019

Ok, so is there a question here?

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?

Gregory L Abbott answered on Aug 22, 2019

I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?

How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?

Gregory L Abbott answered on Aug 22, 2019

It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on

Q: I live in Oregon and am under the impression that a landlord cannot charge a monthly 'pet rent' for any animals.

I know service and esa are except from 'pet' deposits and rent.

Gregory L Abbott answered on Aug 22, 2019

No, charging pet rent for non-service and non-emotional support animals is legal in Oregon, as is charging increased or a separate pet security deposit. What is not legal is to charge a pet fee.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Landlord is Serving 30 Day Eviction w/ Cause (violation of agreement/ Rule)

How might a tenant Claim in court the Rule is Not applied to All tenants? Landlord Acknowledged on multiple occasions that Another Tenant also violates said rule but has not been required to comply or Vacate.

Gregory L Abbott answered on Aug 15, 2019

Generally you don't. You and your landlord can enforce the terms of your rental agreement. You have no authority to intervene in an agreement between the landlord and another tenant if you are not a party to that agreement.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: A landlord is allowed to access the common areas for yard work if authorized by the lease agreement.

What Recourse is there if these actions are not Stated on the Lease in any form and is currently Ongoing and Excessive Yard "Maintenance"

Gregory L Abbott answered on Aug 15, 2019

No advanced notice from a landlord is required in order for them to enter a common area. Notice is only required to enter an area where a tenant has the right to exclude others. Since it is a common area, no specific tenant has the exclusive right to exclude from a common area.

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