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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I moved in on 10/01/21 got rental agreement on 12/12/23. How many months can they go back

I kept asking for the agreement Never got one until12/12/24.cityof mcminnville won't Put into name. Requested for over a name

How mony moths can they go back to colle beforect

James L. Arrasmith
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answered on Jun 15, 2024

If you moved in on October 1, 2021, and did not receive a rental agreement until December 12, 2023, the landlord's ability to retroactively collect rent can depend on local and state laws. Generally, without a signed rental agreement, the landlord may still be entitled to collect rent for the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: In Oregon state, if breaking a lease (90+ days before move-in), what is the landlord's obligation to find a new tenant?

Rental is an apartment building, whose manager claims there is a waitlist to get in. However, they will not advertise nor communicate lease takeover availability to the waitlist, because they are charging higher rent than what's in the lease. Lease was signed 10 months before move-in date.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2024

Much depends upon what the lease says. IF it contains an early termination penalty clause, the landlord is free to assess up to a 1 1/2 mo rent penalty for early termination, according to the written lease provisions. If there is no such pre-payment penalty, the existing tenant can be on the hook... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to terminate due to unpaid utilities if utilities is not in name that is on apartment.
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answered on Jun 10, 2024

Terminating a tenancy due to unpaid utilities when the utilities are not in the tenant's name can be complex and often depends on the lease agreement and local laws. If the lease explicitly states that the tenant is responsible for paying utilities, then failing to pay them could be considered... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my lanord start eviction process on the weekend- multnomah county oregon

I live in portland, oregon and am on section 8. On the 5th of this month, my landlord informed me section 8 did not pay my rent this month and when she called they told her my recertification was 6 mnths late. She then told me I was responsible for the entire rent amount or she would start... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 9, 2024

No worries. Eviction suits can only be filed Mon-Fri. Plus they can't file without first having given you a 10 day (no longer just 72 hr) written notice, containing all the required information and having it lawfully served. Even then, once an eviction suit is filed, your first court... View More

1 Answer | Asked in Landlord - Tenant and Banking for Oregon on
Q: was offered sum of money to help relocate within 30 days. If the bank defaults on that agreement, do i have rights?

they said it would be paid to me 15 days prior to the 30 day date. That would give us 2 weeks put that money down as a deposit and move out of a house we have been living in for 7 years. (That is a lot of stuff!) But it is now 2 days past that promised date...Should we be granted an extension of... View More

James L. Arrasmith
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answered on May 27, 2024

If the bank has defaulted on their agreement to provide relocation funds, you do have rights. It's important to review any written agreement or correspondence you have with the bank regarding this promise. Documentation will be essential if you need to take legal action or negotiate an... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My 1-year lease expires on 7/31. Have not received notice or renewal offer yet. Can they raise rent on new lease offer?

City: Gresham, OR (Multnomah County), have been in unit for more than 5 years already, no violations or late payments, - If they don't send renewal by 6/1, what should I do?

Gregory L Abbott
Gregory L Abbott
answered on May 21, 2024

You need to carefully read your lease regarding renewal and termination. Some leases terminate automatically unless the parties have agreed to renew it. Most automatically roll into becoming a month to month if there's no agreed renewal of the fixed term lease. Still others require at least X... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord deny heat, not give copy of lease agreement ,favor other tenants, not reply to emails, 90.392(3) ?

These people are boldly lawless. They have lied to us many times, allowed their friend/tenant to stalk my daughter, never clean up his messes, said his stalking wasn’t illegal & his messes aren’t lease violations. The situation escalated & we argued with Ben, he told my daughter he... View More

Gregory L Abbott
Gregory L Abbott
answered on May 19, 2024

If you are out tomorrow, the on-going problems sound to be resolved. You may or may not have claims against them so once you are out and resettled, consider reviewing everything with a local landlord-tenant attorney. You have up to a year after an event occurs to bring suit before the statute of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord's lawyer constantly demanding records, landlord hasn't instructed me to talk to lawyer no lease.

We moved in with the understanding "Rick" is our landlord. After living here a year, Rick's brother "Jim" and Jim's wife "Stacy" started playing the role of landlords too. Then Jim and Stacy's lawyer also begins emailing me constantly demanding our out... View More

Gregory L Abbott
Gregory L Abbott
answered on May 5, 2024

You ignore an attorney at your own peril and they could be risking the loss of their law license if they told you that they represent someone when they don't. Without a written lease, you have to be on a month to month tenancy. So if you have been there less than a year, and are not within... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my landlord gave me a notice saying Im violating my lease by letting an unauthroized person. rivers ocean getting mail

at my apartment.how would she know is she monitoring my mail? the person rivers ocean is my email address not a person I do I go about correcting her.why is she in my mail I never got the mail she sent it back

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like there's been a misunderstanding regarding your email address being mistaken for a person. This is not uncommon when email addresses contain names. To clarify this issue with your landlord, the first step would be to communicate directly and explain that "Rivers Ocean"... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in CA but own a residential/commercial property in Shedd Oregon. I need to sell the prop and get person out

This is complicated because it is my own daughter who does not pay rent and I have given her 9 months to move out and she will not answer texts or speak with the realtor who wants access to house to begin the process of selling. this is a... View More

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answered on Apr 16, 2024

Dealing with a situation where a family member is occupying your property without consent can be particularly stressful, especially when it involves your own daughter and impacts your ability to sell the property. Since you have already provided a generous nine-month notice without any cooperation,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: need lawyer in Shedd Oregon for Landlord Tenant situation but I live in CA

I want to sell my residential/commercial property in Shedd, Oregon. My daughter who pays no rent is residing there and will not leave or return calls from realtor. What are the next steps legally to remove her by eviction? Can we speed the process and not wait 90 days?

James L. Arrasmith
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answered on Apr 16, 2024

To address your situation in Shedd, Oregon, involving your daughter residing in your property without paying rent, you'll need to follow the legal process for eviction, which is particularly sensitive due to the family relationship. Given that you reside in California, consulting with an... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As a small time landlord, what do I need to do during eviction of smoking roommate?

I live in my condo, and rent a room out. I have a month to month rental agreement with the tenant. However he smokes weed a lot inside and cigarettes outside. The rental agreement states "smoking on the premises is prohibited on the entire premises, including any common areas and adjoining... View More

James L. Arrasmith
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answered on Apr 16, 2024

As a landlord, it's important to follow the proper legal procedures when evicting a tenant for violating the lease agreement, such as smoking on the premises. Here are the steps you should take:

1. Provide written notice: Give your tenant a written 30-day notice to quit, which informs...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tennant (roommate) is breaking the rental agreement early. What do I need to give back?

I live in a condo with a roommate. Today (the 11th) he decided he is moving out, no 30 day notice. I've asked him to send an email to me of the intent to leave so I have a paper trail. He has already paid for this month and because of his credit score I collected last month rent too. I'm... View More

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, there are a few things to consider:

1. Notice period: Even if your roommate has paid for this month and the next, he is still obligated to provide proper notice as per your rental agreement. You should check your agreement for the specific notice period required....
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon, can my landlord choose not to renew my lease after 3 years?

Hello, we live in Gresham Oregon in Multnomah county, we are extremely close to the border of Portland.

We’ve lived in our rental since June 1st 2019. We’ve have fixed term leases every year, we have had no violations in the last 12 months and in our lease it says our lease will convert... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2024

He doesn't need to renew for a fixed term but neither will he be able to terminate your lease without cause except for a permitted reason (which also would allow him to not renew the lease or have it rollover into a month to month tenancy now if he had a permitted reason and desire) and then... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Portland Oregon. I would like to evict a tenant.

Can I have my processor/attorney attache the eviction notice to the main public entry door to the apartments, or do I have to have it put on the tenants front door to their apartment within the actual apartment complex?

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answered on Mar 31, 2024

In Portland, Oregon, the eviction notice must be served to the tenant in one of the following ways according to Oregon state law (ORS 90.155):

1. Personal delivery to the tenant; or

2. If the tenant is not available for personal delivery, the notice can be posted on the...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: what are the landlords responsibilities regarding an unauthorized occupants belongings once they have been removed
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answered on Mar 31, 2024

In Oregon, when a landlord removes an unauthorized occupant from a rental property, the handling of the occupant's belongings is governed by Oregon Revised Statutes (ORS) 90.425. Here are the key points:

1. Storage: The landlord must store any personal property left behind by the...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I break my lease without being penalized?

Regarding my current situation with my rental property in Oregon, I submitted a maintenance request on March 3rd concerning a leak I suspect is coming from the toilet in my bathroom. Despite almost three weeks passing, I have not received any contact from management. The situation has worsened to... View More

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answered on Mar 26, 2024

In Oregon, tenants have rights when it comes to habitable living conditions. If your rental property has severe issues like leaks leading to sewage exposure, this could be considered a violation of habitability standards. Document the problem thoroughly, with photos and records of communication... View More

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What tenant rights does my ex wife have or her roommates have after I buy her out?

My ex wife is living in the family home and reimbursing me for the mortgage. She has two roommates that have been there for over a year. One pays weekly rent. The other may be some kind of trade. I don’t think there is a formal rental agreement either.

I am planning on buying her out in... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

Your concerns are likely justified. If she is a part owner, she is not a tenant and has no tenant rights (at unless you give them to her by allowing her to stay past the statutory period. The others sound to be valid tenants - but whose? If you co-own the house, then yes you already are a landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a voluntary vacate agreement the same as an eviction notice?

My grandmother's house was recently obtained by Fannie Mae after the foreclosure of the property. They sent us a Voluntary vacate agreement that we signed; however, due to the shortage of housing in the area, we probably won't be able to make it out of the due date, and we were worried... View More

James L. Arrasmith
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answered on Feb 23, 2024

A voluntary vacate agreement and an eviction notice serve different purposes in the context of housing laws. When you sign a voluntary vacate agreement, you're agreeing to leave the property by a specified date, usually in exchange for certain benefits, such as a waiver of owed rent or a cash... View More

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