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?
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 
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
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
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
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
There are two other people staying in the house they are not on the lease can I do this and give back the keys to the landlord so he can take back property and change locks.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
In your situation, wanting to return the property to avoid an eviction is understandable, but it's important to handle this correctly under Oregon law and your lease agreement. Simply returning the keys does not automatically terminate your lease or responsibilities.
First, review your... View More
My husband died and want to give back property can I do this so landlord can change the locks.
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
This was 4 years ago and they are hostile and disrespectful. My former relationship was abusive and his mom is also abusive so I was always too afraid to speak up or confront them to leave sooner. They do not have a written or verbal contract to sublease nor do they pay rent but the mom claims she... View More
answered on Nov 29, 2023
This is not a do-it-yourself project. Nor do you have to wait filing suit until the restraining order is dismissed. Much depends upon the exact facts but eviction and landlord-tenant matters only apply when there is a landlord-tenant relationship and if she does not pay rent, there may not be one... View More
January to May 2023: Rent payments made timely and without incident.
• June 2023: Discussions with the OCB ensured continued support.
• July 2023: Rent payment was missed due to the school’s oversight.
• August to October 2023: Rent payments resumed as per usual.... View More
answered on Nov 26, 2023
More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More
Mail from my apartment was all being returned to the post office because they were under the impression that the apartment was already vacant. Had a check through a county housing agency to pay the rent and landlord refused to take. Was given faulty information in filing motion to stay by the court... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023
In Oregon, proper service of eviction notice is a critical part of the eviction process. If you were not formally served with eviction papers, this could be a significant defense in your case. Oregon law requires landlords to serve tenants with a proper eviction notice before proceeding with an... View More
An angry roommate hid it from me while I was moving out, so I didn't see it during the walk through. I have receipts for everything. Now the new tenant won't let me check if it's there, and the landlords only said "don't get the police involved, it's a waste of time... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023
In Oregon, if you've left belongings in a property after moving out and the new tenant and landlords are aware of it, you still have rights to retrieve your property. Since the contents are valuable and have emotional significance, it's important to address this matter promptly.... View More
My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More
answered on Nov 13, 2023
Assuming you are talking about a rental in Oregon, yes, technically only three methods of service are valid - personal, by mail, and/or posted on the door and mailed if a written lease provides for it. Leaving it in the laundry room does not comply. A creative attorney for her might be able to... View More
My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023
In Oregon, the validity of a termination notice largely depends on the method of delivery stipulated by state law and the terms of your lease agreement. If both state law and your lease specify certain methods of delivery, such as hand-delivery, first-class mail, or posting on the premises, and... View More
After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More
answered on Nov 6, 2023
If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More
I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location
answered on Nov 6, 2023
Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More
-I transferred units and they did not charge pet fee for my current unit.
-They also are charging me for bleach stain(s) however there was only one stain in one bedroom. Even their supporting documents show one
- they could not answer me when I asked them what bedroom are the... View More
answered on Oct 16, 2023
I am not clear as to your current status - are you still in possession and an active tenant or have you restored possession to the landlord, moved out, and now are dealing with the landlord's accounting and attempt to charge you? One bleach stain sounds to be chargeable to you and they should... View More
We received an email 30 day termination notice from the tenant on the first of the month stating they were moving out the second week of the following month(40 day notice). The tenant is demanding that we refund the last 20 days of the month that they prepaid with a last months rent deposit since... View More
answered on Oct 15, 2023
Your tenant is correct that rent accrues and is prorated on a daily basis so they would be entitled to a refund of their prepaid rent for the balance of the month. However, that all is based upon their providing you with at least 30 days advanced written notice of their termination of tenancy.... View More
Our tenant gave a 30-day notice that she was terminating our month-to-month rental agreement on September 10. She claims that we are required to prorate for that period and only charge her for the 10 days she lived in the house in September, not for the full month of September. The agreement begins... View More
answered on Oct 15, 2023
It depends what you mean. IF she gave at least 30 days advanced written notice, and the notice contained all the required information and was lawfully served, then she owes rent through the 30 day notice date or when she restores possession to you, whichever is later. However, if that date falls... View More
The other dog was injured slightly. The officer investigating the incident found that our dog was not a threat. The vet that looked at our dog said our dog was very friendly and not aggressive. Other neighbors also say our dog had never acted aggressive or in a threatening manner. However the... View More
answered on Oct 7, 2023
Assuming your landlord has issued the required notice, containing the required information and lawfully served, your choice sounds to be remove the dog; get out; or be subject to being evicted. Your dog has demonstrated aggression and you have demonstrated a failure to maintain your leashes in... View More
Employees showed up to do repairs that were never discussed with the manager. I stated you need to give 24 hour notice and he said not if its outside and to call her or the police. She wouldn't answer the phone. This was not an emergency and I did not request it. Before they left I saw them... View More
answered on Oct 4, 2023
If the yard is a common area shared with other tenants, or it is an emergency (pipe burst, etc.), then they likely don't have to provide you 24 hr notice. If you have requested repairs, they can enter without 24 hr notice for 7 days following the repair request, longer if they are in the... View More
My apartment has weakened floors, a mold issue and the landlord gives excuses on when it’ll be fixed. I’m still paying rent but behind due to injuries sustained earlier this year. I don’t make much money as I barely get by. I’m curious as to what steps I can take to get this taken care of.... View More
answered on Oct 1, 2023
An Oregon attorney could advise best, but your question remains open for a month. I could only speak for the mold issues. You could reach out to attorneys to try to set up a free initial consult. I'm not familiar with Oregon case law on mold, but nationwide, they are difficult cases - many... View More
answered on Sep 2, 2023
Yes they can charge you for utilities that benefit other tenants or common areas IF they tell you so in a written lease, tell you the formula used to determine the amount, etc. They also have timing and disclosure requirements. Check out ORS 90.315 for the statutory requirements. I question whether... View More
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
