I have not received my deposit back or any information regarding fees that were charged. When I contacted the former landlord she stated that I would not get any money back and in fact the damages were more than the deposit. They have had over 31 days and have had zero contact with me until today... Read more »
A landlord has up to one year after first learning of, or should have learned of, a potential claim against the tenant to file a lawsuit suing the ex-tenant for damages. However, the landlord must either refund in full or provide a written accounting for how much/why they are keeping any part of...Read more »
Assuming your rental dwelling is in Oregon, it sounds as if your landlord may have been paying water/sewer directly to the provider and then re-billing part or all of the expense to you. IF that is accurate, there is a whole series of requirements for the landlord to include a copy of HIS bill...Read more »
pay by the 8th we need to move by the 15th. Assuming we move and turn in the keys by the 15th, will this turn into an eviction? Also, we paid last months rent when we moved in, can this be used towards unpaid rent? Lastly, do I only have to pay the amount due assuming I leave or do I still have to... Read more »
Either your understanding is in error or the Pay or Quit Notice may be defective. You could have been served either a 144 hr or a 72 hr notice to pay your rent owed by the deadline or to get out by the same deadline. Do neither, and the landlord is free to file an eviction lawsuit against you in...Read more »
And another violation which would of resulted in eviction if not corrected and or worked out tenant wrote an agreement of how the other violation was going to be handled (cleaning up Their dogs waste regularly) and the that he and his friend would vacate the premises on or before the 30th of... Read more »
I am having a little trouble following all the curves here but once someone has been there long enough to establish a residence (or does so otherwise by, say, a written agreement), the only lawful way for you to get them out if they refuse to leave voluntarily is by going to court and getting a...Read more »
You need to start calling around for attorney's ASAP, as attorney's here cannot contact you (please don't contact me, I can't help you). Use the find a lawyer link above and find someone who does landlord/tenant or perhaps trusts and estates.
I plan to email tenant 24 hours notice to do a walk through of the home, for the security deposit portion. Do I approach this as an abandoned property, an eviction for cause for breach of tenant duties, or eviction for cause for lack of payment? Lack of payment assumed if no rent payment by the 5th... Read more »
The question is whether you are sure the tenant has terminated their tenancy. IF they have both moved their property out (and themselves of course) and returned the keys, you likely can consider them to have terminated their tenancy and restored possession to you. If there was no written notice...Read more »
I have a year lease with my landlord and he sent me a text message saying i had 30 days to get out and to get out asap for maximum refund of my money. He also last night took everything out of the shop which was storage for 90 % of my property and put it out at the street. I found this out when i... Read more »
You need to see a landlord-tenant attorney immediately. What you describe is unlawful and likely entitles you to damages from the landlord. Document everything as best as you can (pictures - lots of pictures) and see an attorney now. Good luck.
I am not clear what you mean by "shared housing" - roommates? common areas with multiple separate tenants? Regardless, if someone is trying to hold your personal residential property "hostage" to recover rent or other similar charges they allege you owe, that is not lawful and likely gives you...Read more »
I am not clear what you are asking - do you mean can a landlord prevent a tenant from having any specific guest visit? Or do you mean can a landlord control how frequently and/or how long a person can "visit" a tenant? Most leases specify how many days a person can visit before having to be added...Read more »
The landlord's management company has been legally performing apartment inspections for some time, then they switched to a different company. The new company's first inspection notice did not include information on their plan to take photographs, or even what specific day they would be arriving.... Read more »
You can sue the landlord for either damages or an injunction to prohibit future such behavior or both so long as you are prepared if you lose to owe the landlord's court costs and attorney's fees (potentially thousands of dollars). You have been told before that a landlord is allowed to photograph...Read more »
Cont. does def atty have right to send me 10pg FED Case, ORCP 68 Petition For Atty Fees & Costs. $3500 bill & bunch mumbo jumbo judicial/attorney language I dont understand. I cant get legal aid cause name connected to party & said conflict of interest. I'm 26K in debt since removed from home &... Read more »
I can't give you detailed advice based upon a few paragraphs posted on an online forum. In general though, if you went to trial and lost for any reason, and the other side had an attorney, they have a right to ask the Judge to award them reasonable court costs and attorney's fees. You have a...Read more »
No. Neither plaintiff nor defendant are required to have an attorney to begin with and if they elect to do so, the first court appearance is often the first time the opposing party becomes aware that the other side is represented. It may even not happen until one shows up for trial - only to find...Read more »
I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease ends, or if... Read more »
Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to...Read more »
The legal requirement is for a landlord to provide at least 24 hours actual notice of the landlord's intent to enter. I believe the purpose of that requirement is to notify the tenant of the upcoming entry and to allow the tenant to either make arrangements to be present if they wish or to tell...Read more »
If a landlord gives a 60 day no-cause notice to vacate to a tenant who has lived in the unit for more than one year are they liable to three times rent? Is giving the notice to vacate the same as terminating a tenancy even if the notice is withdrawn by the landlord and they concede to the tenant... Read more »
Yes, you terminate a tenancy by giving written notice to a tenant that their tenancy is terminated effective a specific date/time in the future. You can rescind the notice and try arguing that once rescinded it never happened and you should not have to pay the penalty but my guess is a Judge is...Read more »
I rent what used to be the garage of the main dwelling at my address. The gas company considers it the "shop" address, but its a 2 br house. There is also a shop behind my house that has been converted into a one bedroom bungalo. Three seperate dwellings but one mailbox, intended for a single... Read more »
Given that a landlord is not legally required to provide any mailbox, you likely have no claim regarding sharing it. If you prefer, simply get a P.O. Box or private mailbox at one of the many places offering such options. The gas meter may be a different deal however. It depends upon what your...Read more »
It all depends upon your comfort zone and willingness to take a risk. IF they are actually out, then no, possession has been restored and no notice is necessary for you to enter - it is after all totally your property. IF, however, they are just temporarily gone with the intent to return, then...Read more »
I received an email asking whether or not a small child lives in my house. We have we can visitation with my husband 7 year old daughter. Landlord commanded custody agreement paperwork be given to her for her examination. Upon receiving she emailed all responses to her conclusion of terminating... Read more »
Whether a landlord can prohibit further visitation likely depends upon the exact wording of your lease. Even if they can, your posting raises questions as to whether they are trying to terminate your tenancy lawfully. Consider reviewing both issues with a local landlord-tenant attorney to learn...Read more »
It all depends upon the details - how long had the tenant been there when he/she vacated? Did the tenant voluntarily leave or was his/her tenancy terminated and if so, for cause or without cause? How old is the dwelling unit? Is/was there any sort of rent subsidy or was the rental otherwise part...Read more »
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