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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can landlords raise rent during pandemic?

I live in a trailer park in albany Oregon and am told rent is gonna be raised in October. Is that legal during a pandemic considering a no eviction thing was passed earlier?

Gregory L Abbott
Gregory L Abbott answered on Aug 12, 2020

There is a ban on terminating a tenancy without cause and for non-payment of rent during the pandemic. There is no ban on raising rent so long as the other requirements are met - at least 90 days prior written notice, the raise does not violate the statutory maximum, etc.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Im on a month to month lease. How much time do i have to give my property manager of me moving out?
Gregory L Abbott
Gregory L Abbott answered on Aug 10, 2020

30 days advanced written (not email, text, etc.) notice to the landlord (34 days if notice mailed to landlord, including day of mailing). Written notice must be personally served on property manager/landlord, or by regular first class mail (NOT certified mail), or, if your written rental agreement... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am 18 years old, living w/ parent in Oregon, I do not pay rent. Am I a guest or tenant? Can I be evicted for cause?

I received a 30 day notice (for cause) from my parent saying I am a guest and not a tenant. It says that "in the event that you were determined to be a tenant, pursuant to ORS 90.392, you are in default for your occupancy of the Premises" and "given the nature of these violations you... Read more »

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

IF you both do not pay rent and have never agreed to pay rent (regardless of whether you actually paid it or not), you likely are not a tenant and, as you note, are then not subject to landlord-tenant laws. If you do not vacate within the 30 days, the only legal option under that notice your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What if your landlord destroyed all your belongings and you were in compliance with the rental agreement?
Gregory L Abbott
Gregory L Abbott answered on Jul 31, 2020

Then you should consider gathering all the proof and documentation that you can and reviewing it with a local landlord-tenant attorney to see whether you have a strong enough case to sue the landlord for damages.

Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there any Covid restriction on a 90 day landlord cause notice? The reason is I'm moving into my home.

Also, can I offer a monetary incentive like, if you leave by X date I'll pay you X amount, or if by Y date I'll pay you Y amount?

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

A 90 day notice is a no cause termination notice (but which can now only be issued for a "permitted reason". They are currently banned from even being issued due to Covid-19 until at least September 30 and possibly later. You are free, however, to provide a tenant with incentive to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a tenant gets served a 60 days to vacate, do they still pay rent for that 60 days.
Gregory L Abbott
Gregory L Abbott answered on Jul 27, 2020

Yes, a tenant owes rent for everyday they are in possession of the premises.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If Landlord CAN issue “no-cause” notice after emergency period expires, Tenant cannot rely on grace period for extension

Please clarify: If a Tenant who did not pay rent during COVID emergency period becomes current on rent payments after the emergency period expires, Tenant cannot rely on 6-month grace period to extend tenancy since Landlord can simply issue “no-cause“ termination notice to get Tenant moved out... Read more »

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

A tenant can rely upon a 6 month grace period to re-pay rent owed and accrued, but unpaid, during the Covid emergency and cannot be terminated/evicted because they have not paid rent during that emergency. A tenant does NOT have a 6 month grace period from being terminated/evicted for any other... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My question was not answered — can landlord STILL evict for no-cause while tenant is catchIng up on back rent?

Tenant is not able to pay rent during COVID emergency but will resume paying rent after emergency period expires. Tenant will also make catch-up rent payments at that time until 6-month grace period expires on 3/31/21. Can Landlord still evict for “no-cause” termination before grace period... Read more »

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

Your question was answered - you apparently just don't like the answer. "A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant gave notice via text May, he is moving in July, now says Sept 4th. Do we still owe relocation money?

We decided to sell the house after he said he was moving. he then asked us for a 90 day letter. I sent him a notice saying we were confused on his move out date since he kept texting different dates and we would consider from the time of letter 90 days per his request. I also sent him a cure or... Read more »

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

This is all very confusing. First no termination notice - either from or to a tenant - is valid or enforceable if only sent by text or email. Second, if he is giving notice, why would you send a 90 day notice? Third, issuing a 90 day no cause notice during the Covid crisis is generally unlawful.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Landlord issue no-cause termination notice after COVID emergency ends if tenant hasn't paid rent but starts to pay?

Under HB4213, OR tenant has until 3/31/2021 to cure unpaid rent as long as tenant resumes paying monthly rent that is due after the emergency period expires -- but can Landlord then issue a "no-cause" 30-day or 60-day termination notice if tenant is paying rent after emergency period... Read more »

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

A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just that - it has nothing (legally) to do with whether the tenant is current on their rent.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m getting a inspection on My rental.Am I legally allowed to ask the tenants to leave the property during that time?
Gregory L Abbott
Gregory L Abbott answered on Jul 16, 2020

Ask? Of course. Require? Not a chance. Do you want others going through your home when you are not there? Neither do most tenants. Further the tenant has an absolute right to deny you entry as long as they do not do so unreasonably - and good luck in getting a Judge to say a tenant is being... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I charge tenant now for damages but finish the work at a later time?

We had a tenant who broke the lease and left the floors in bad shape. More damage here than what is left of the deposit and so we will be looking for them to pay. This is definitely more than normal wear and tear but we have new tenants ready to move in and they are fine if we put off some of the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 7, 2020

Yes, a landlord is entitled to recover damages even if they elect to not repair the property (the dwelling without the damages is worth $XXX. If tenant puts 6 foot hole in wall, dwelling worth $XXX minus cost of repair ($YY). So landlord can fix and return dwelling's value to $XXX or not... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant during the pandemic if I plan to move into the residence?

I have a month to month lease agreement with the tenant that began in October, 2019. Originally I planned to move out of state but plans changed. Is the fact that I will be moving back into the residence cause to file eviction during the pandemic?

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

It may be a permitted reason under ORS 90.427 (5) to issue a no cause termination (though if they have been there less than a year, you do not need a permitted reason) but it is expressly banned during the Governor's moratorium and technically is a potential misdemeanor if you do so. Further,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant due to violations of the rental agreement during the eviction moratorium?

I have a tenant who has several violations of the rental agreement currently (Not maintaining yard or getting written authorization for new pets.) Can I evict on those grounds? They are contemplating using the moratorium to avoid paying rent and they told me I cant evict them. Doesn't the... Read more »

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

Yes, you are almost correct - the moratorium also bans no-cause evictions. For cause, such as rental agreement violations, are still allowed. BUT your local court still has to be open and operating, so give them a call and ask about landlord-tenant matters. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I raise rent to my tenant if they have only lived there for one year?

I read somewhere that we are allowed to raise rent with a proper 90 day notice but I also read that they have to have lived at the property for at least two years, but this was not in Oregon I just want to make sure I can raise rent even though they have been there for only one year or almost a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 24, 2020

In Oregon, a landlord cannot raise rent during the first year of a tenancy nor (normally) during the lease term of a fixed term lease. After that, rent can be raised so long as it is done with at least 90 days prior written notice, lawfully drafted and served; does not exceed the maximum... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My partner doesn’t want to move out. What can I do?

My partner and I have been having issues.

He has been moving in and out for the last 10 months.

This time he said He was not going to move out. He said he had 30 days.

He hasn’t paid complete rent for this month.

Can I evict him for non payment?

I gave... Read more »

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

First, verbal notices are not enforceable. Second, currently you cannot evict or even serve termination notices, for failure to pay rent during the covid crisis. That may change by July 1st. Also understand that if you accept partial payment of rent, you may be waiving your right to evict that... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can our landlord require us to share an unsecured mailbox with other tenants?

Our new apartment seems to be recently set up for renting and there is only one standard mailbox on the property. This is supposed to be shared between our unit and the other unit with 4 people living in it, so 6 people’s worth of mail in one box every day. I am not necessarily bothered about... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 18, 2020

No, a landlord cannot require you to get your mail in a shared mailbox. Then again, a landlord is not required to provide you a mailbox at all. So if you prefer, you can get your mail at a P.O. Box or an equivalent to Mailboxes Etc. or at a friend's address or wherever you wish. You may... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My mother rented a room to a tenant who is now endangering her, how can she evict?

My 62 year old mom lives in a mobile home park in S. Salem, her current total monthly earnings are less than $800; I consider her financially and socially vulnerable. In Feb., she rented a room to a woman, only to learn that her park's management would not 'approve' the renter as a... Read more »

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

The fastest and cheapest way is IF the threats and stealing will convince a Judge to issue a Family Abuse Prevention Act (FAPA) restraining order. Mom can apply without charge at the court normally by filling out a petition form available from the court. She needs to give thought and care to... Read more »

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