Lawyers, Answer Questions  & Get Points Log In
Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a renewal offer with increase that was not received within 90 days.

The property manager changed the effective date to 12/7 which would cause is to be late on rent as it’s due the 1st. Our lease ends 11/30. Can I tell them to send a new renewal offer without increase as they failed the 90 day law?

The renewal was mailed 87 days and I received 83 days... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 22, 2020

I am not sure I follow but it sounds as if you are on a fixed term lease which expires 11/30/20 and now have gotten a renewal offer with a rent raise while only being provided 87 days notice. And you reference the landlord changing the effective date to 12/07/20. It is unclear how the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?

Can they force us out because of the sale?

Gregory L Abbott
Gregory L Abbott answered on Oct 20, 2020

These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is charging a $195 late fee for rent (they cashed my check a day before the check was dated on the 4th)

This was prior to September 30th 2020 and now they sent a letter threatening to send me to collections if the fee isn’t paid within 30 days. Does the current Oregon moratorium not protect me?

FYI, a check to a PO Box via check is the only way the take payment. Otherwise I’d used a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2020

You may wish to review everything with a local landlord-tenant attorney since it appears you likely have claims against your landlord for damages. First, it is unlawful to charge, attempt to charge, or attempt to collect a late fee during the Covid pandemic in Oregon. It is illegal for a landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord can’t evict my roommate because rent is being paid. Can I take him to court to evict him? He’s on the lease

He hasn’t paid his portion in 4 months and has no proof of income.

Gregory L Abbott
Gregory L Abbott answered on Oct 8, 2020

You have no more right to evict a roommate than the roommate has to evict you. Only a landlord or their agent has the power to potentially evict a tenant.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has threatened my life. Can I terminate my month-to-month lease immediately under these circumstances?

Thanks Gregory, I appreciate the response!

Gregory L Abbott
Gregory L Abbott answered on Oct 6, 2020

You may wish to immediately consult a local landlord-tenant attorney. In Oregon, it is unlawful to record a telephone call if neither party to the call is aware that it is being recorded, so be very careful what you do with that recording. That said, you may well have grounds to get a FAPA... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am month to month and my landlord put my house on the market. Do I have to allow in person showings?

Also, my landlord is asking I take down and put away personal belongings so prospective buyers will like the house more, I am still paying full rent is this allowed? Can I be evicted for not complying?

Gregory L Abbott
Gregory L Abbott answered on Oct 2, 2020

The landlord has a right to show the dwelling so long as he provides you at least 24 hours advanced actual notice and does not do it so often as to be harassing. You in turn are free to say no to any particular notice but you are not allowed to just issue a blanket "no" to all requests.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord evict me if they put their house on the market?
Gregory L Abbott
Gregory L Abbott answered on Oct 2, 2020

Not for putting the house on the market. BUT if they accept an offer, they can then give you at least 90 days prior written notice of termination of your tenancy, assuming they jump through the right hoops - showing you a copy of the sales paperwork, pay any applicable relocation assistance, etc.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord deny us going to month to month? They are only offering an annual lease.

our lease is up nov 1st and they have yet to send anything just a text this morning. we would prefer month to month as we are looking to buy.

Gregory L Abbott
Gregory L Abbott answered on Oct 2, 2020

Assuming you are currently on a annual lease in Oregon, they most likely do not have to offer a month to month option. It most likely is too late for them to raise your rent, at least until sometime in January (90 days advanced written (NOT text, email, etc.) notice required) however. Do read... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord in Oregon raise rent during Covid-19? There's been no changes to renter's employment & salary. Thank you!
Gregory L Abbott
Gregory L Abbott answered on Oct 1, 2020

Of course. The statutory moratoriums are on eviction for failure to pay rent during the pandemic - a tenant is still obligated to pay - or for no-cause terminations. There is no prohibition on raising rent as long as the minimum 90 day notice period is followed, the rent increase does not violate... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is ORS 90.302(2)(e) that landlord can only assess one and half months rent if we vacate without cause enforceable?

Our lease has that clause and we would like to use it. I called the manager - she would not talk to me but had the receptionist tell me that they aren't honoring that provision. I have emailed and expect to get a more detailed response soon, but I am wondering about my rights here.

Gregory L Abbott
Gregory L Abbott answered on Oct 1, 2020

It depends upon the exact wording in the lease. Many leases allow the landlord the OPTION of assessing 1 1/2 months rent as a "fixed" penalty for breaking a lease early, but also allow them to go with actual damages instead. You just have to carefully read your lease. Generally... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a 30 day notice to vacate Unit is put in and one of the roommate stills remains in Unit and refuses to leave,

We asked this roommate multiple times to complete the Re-screening process in order to determine if they qualified on their own to take over Rental Agreement, but refused to. This person has caused damage and had the police out the the Unit several times for disturbances. What are our options as a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 1, 2020

First, roommates have no authority to terminate another roommates tenancy unless they are also the landlord. Currently, during Covid 19, landlords may not issue termination notices or otherwise attempt to evict with specified cause and proper For Cause notices. IF the tenant gave a termination... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My lease says if I do not renew at the end of term, the rent will increase by over 10%. Is this legal in Oregon?

My landlord sent me a renewal offer letter on 9/17/20, 90 days before lease expiration, that gives several lease term options to choose from. The 12-month term renewal option comes with a rent increase of just 1.98%. However, the shorter-term lease options, as well as the month-to-month option, all... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2020

I would want to review the lease carefully, and understand the circumstances fully before opining with authority but while the rent cap statute is not fully clear, I think it does prohibit raises over 9.9% in 12 months, assuming the other statutory exemptions do not apply, regardless of changes in... Read more »

1 Answer | Asked in Landlord - Tenant and Libel & Slander for Oregon on
Q: R eviction notice texts valid? Landlord harasses,bullies me,abuse of entry. No lease. What can I do to make him stop?

I tested positive for COVID in July after moving in. I recovered but my landlord started texting me eviction notices and that the "moratorium is bogus," so I have no rights because there's no lease agreement, except the initial inquiry of renting the room and agreeing to a price... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 29, 2020

First, you should fully document the landlord's actions - dates, times, witnesses, what was said, etc. You may well have claims against the landlord for the unlawful entries and/or the WiFi. Beyond that, no, neither text nor email messages are valid forms of issuing a termination of tenancy... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlords legally raise the rent, during COVID 19, when the lease comes up for renewal?

My current lease is set to expire in December, most of the tenants living in the same complex, are saying that the rent usually increases upon executing a new lease.

Gregory L Abbott
Gregory L Abbott answered on Sep 28, 2020

As long as they do not raise the rent more than the statutory cap, certainly a landlord may raise rent with 90 days prior written notice. Covid protections prohibit evicting a tenant for failure to pay rent during the pandemic; they say nothing about prohibiting rent increases.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Fixed term lease with increase served less than 90 days

Fixed term lease with increase severed less than 90 days, landlord also refuses to do any maintenance going on 2 years now. We have rotting wood on the deck to reach the backyard and rotting falling apart fence. The landlord refuses to fix it, but continues to increase our rent yearly. Can I fight... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 27, 2020

Yes, any rent increase requires at least 90 days advanced written notice, lawfully served. If you want to delay the increase as long as possible, don't tell the landlord that he's in violation until after the increase is supposed to go into effect. If he wants to evict because of it, you... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I just bought a home occupied by tenants who have a verbal lease, and haven't paid rent in months what rights do I have?

My husband and I bought a property that includes a home, a large shop, a pivot, and 47 acres. The prior owner and leaser have no written contract, is currently late on payments. The home in question however, is occupied by the leaser's employee. The leaser tried to file bankruptcy to try to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 26, 2020

You need to fully review everything with a local landlord-tenant attorney. You are extremely limited in what you can do. You SHOULD have made getting rid of the tenant a condition of closing the sale. If you are intending to use the dwelling as your primary residence, the seller would have had... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Pendleton, OR, Umatilla Co. Can a new landowner force already established tenants to enter a new month to month lease?

I have been in the same place 14 mos, beginning with a 6 mo lease, month to month there after and have had no negative marks. The property was suddenly sold and I was assured by the new owner the lease would be adopted and to expect no changes, now a property management co is attempting requirement... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 22, 2020

Yes, generally speaking a landlord can require a tenant to sign a new lease with proper notice. Many of the changes are likely possible anyway if the landlord issues them as Rules and Regulations with proper notice. Whether smoking changes is material enough to avoid being changed in a Rules and... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: What are my rights as a property owner? how do I evict someone who refuses to leave my propery?

I let a friend stay on my property in a tent on a temporary basis. I live on this property also, in a mobile home. There was never any contract so to speak, and he doesnt pay rent. Winter came and I allowed him to stay in a gutted out schoolbus that had a woodstove in it so that he wouldnt freeze.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 16, 2020

If the dog bit anyone, you should report that to your local county animal control. If the dog bit at the command of a human, you should report that to your local police or sheriff. As to getting rid of him, you need to review everything with a local landlord-tenant attorney. IF you can establish... Read 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.