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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens if a landlord sends you a receipt for damages after 31 days has already passed? In Oregon.

Also, does moving early and prorating rent end the lease at that time?

Katherine Goodman
Katherine Goodman answered on Jan 11, 2022

If you have a security deposit and your landlord did not give you an accounting statement within 31 days of you vacating the property and/or returning possession of the property back to your landlord, you may have a claim of wrongful withholding of your security deposit against your landlord.... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: What does a person do when they have a (rather substantial) claim, yet is unable to even get in contact with a lawyer?
TeAnna Rice
TeAnna Rice answered on Dec 23, 2021

There is no doubt that there is an shortage of attorneys and there will only continue to be some. Furthermore, due to COVID-19, trials are not moving fast enough, which leads to an increase in attorney workload. The best thing to do is to continue to search for an attorney to assist. Over the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 30, 2021

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I deny a rental to 2 tenants with 2 service dogs at a vacation rental, for example for a 2 night stay in Oregon ?

We are the owners and the vacation property is managed by Vacasa, Vacasa says we have to rent to them.

Gregory L Abbott
Gregory L Abbott answered on Nov 26, 2021

You cannot deny them rental because of the service animals. If you have other legitimate grounds, you may be able to deny renting to them but any denial is likely to be suspect and subject to legal challenge so be careful and be sure to fully document everything.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month-to-month, 2 roommates, gave 30-day notice. Landlord not accepting because roommates don't qualify. Legal?

I am paying rent on this 4 bedroom apartment by myself since my wife is no longer residing here (living with a boyfriend) and stopped paying rent or bills, Mother-in-law lives with us also not paying her share of the rent. The landlord insists that if I move out with my children I will still be... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 24, 2021

Yes, generally all tenants that signed the lease agreement are jointly responsible for paying the rent - all of the rent. But only so long as the rental agreement is in force. Assuming you are on a month to month tenancy, as soon as one tenant provides 30 day notice, the rental agreement... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is my landlord allowed to tell me when I can and can't leave my place of rent? And can he have cams on outside of house?

I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2021

It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Roomate kicked me out and is not allowing me to get my things. What are my rights?

We only had an oral agreement. I have been living there for more than 30 days.

Lane County, Oregon

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

Your roommate has no legal authority to kick you out, anymore than you do to kick him out. Only the landlord can terminate a tenant's tenancy and then only with a court Order if the tenant opposes the action. See a local landlord-tenant attorney immediately.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Live in shed, pay 500 monthly, behind on rent, no written lease or agreement. Can she kick me out and keep my things?

I have been trying to get moved but doing it by myself. I am a single 50 year old woman witha little car and a cat. Can she lock me out and keep my things? Her drug addicted kids have already stolen some of my things but i have no prrof. Now she wont let me get the rest of my stuff what can i do?

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

See a local landlord-tenant attorney immediately. No, a landlord cannot legally lock you out or keep your personal property without having already gone to court and having obtained a Judgment against you. You may be entitled to recover damages from her.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can we get landlord to allow permanent construction of accessible shower for disabled person in her apartment?

Greystar owns and will allow construction but insists on 'return to original condition' clause. Can attorney negotiate to eliminate this clause as it is a capital improvement to their property? Also would love for them to pay a portion if possible. Disabled daughter has lived in unit for... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2021

The landlord is within their legal rights under the Americans With Disabilities Act requirements. They have to allow reasonable accommodations but the person making the request has to be willing to pay for the conversion of the premises and pay to convert it back again when they leave if the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My complex has started charging tenants additional water/garbage/sewage fees under the umbrella of covid increases.

The lease has a specific amount charged for rent and a requirement before moving in was simply setting up electric accounts. Does this count as a rent increase if started well after the lease was signed and prior to a year of residence? Is this something allowed outside of the lease agreement? I... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2021

Utility charges are not rent - and thus do not come under the rent raise limitations or timing. However, if the landlord is paying the utility charges and then billing them out to the tenants on a pro-rata basis, there are statutes that govern that and have strict disclosure requirements in a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I file an motion to set aside a Summary Judgement in an ejectment case in civil court in Oregon?
Gregory L Abbott
Gregory L Abbott answered on Oct 26, 2021

Can you? Of course. Will you win? Highly unlikely unless you have an unusual and damn good reason. Summary Judgment is disfavored to begin with so if a Judge granted it, they had to be highly convinced of the merits. If you think it unwarranted, your remedy is to appeal.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I paid my rent through my banks online bill pay. The checked was mailed by bank on 8/37. I checked online around1st t

Make sure all gd. On 8th they taped eviction notice on my porch. I walked a new check next door that day. I provided them with proof of bank mailing. They want me to pay them a late fee of $100 under these circumstances. Is that legal. I’m also a landlord and I always text to let tenants... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 18, 2021

Unfortunately, the burden is on the tenant to see that the rent is paid on time. It is also the tenant's choice as to how to convey that payment to the landlord. This means that while you relied upon the bank and the postal service, they apparently let you down and your rent was late (did it... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: We are renting a house in Medford. Is our landlord required to mask before entering. We have at risk people. Thank you

Any law to point to or information that helps would be great. We are fine with them entering to inspect but we want to be safe.

Katherine Goodman
Katherine Goodman answered on Oct 15, 2021

Yes, you can ask that your landlord wear a mask to complete the inspection of the property. Please note that your landlord has a right to access the property as long as a landlord does not abuse the right of access or use it to harass you. Please note as a tenant you cannot unreasonably withhold... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: IF RENT IS A MONTH TO MONTH TENANCY, IS LANDLORD REQUIRED TO NOTIFY TENANT 90 DAYS PRIOR TO EFFECTIVE DATE OF INCREASE?

MULTNOMAH COUNTY, OREGON--OCTOBER 14, 2021

Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2021

A landlord may not raise rent during the first 12 months of occupancy. Thereafter they can raise rent in a month to month tenancy with at least 90 days prior written notice that contains all the legally required information; that is lawfully served upon the tenant; and which does not exceed the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord breaches a contract with terms and conditions what can I do?

I have discussed the issues concerning 5 violations by the adjoining unit for 5 months now. I have been here for 16 years as a tenant and fully obligated by my signature and the manager that the rental agreement is followed and fair treatment to both parties.

Thank you

Gregory L Abbott
Gregory L Abbott answered on Oct 13, 2021

It sounds as if the alleged breach is between your landlord and neighbors. If so, you have little to say about it since it is not your contract with the landlord that is being breached.

1 Answer | Asked in Employment Discrimination and Landlord - Tenant for Oregon on
Q: Is there a type of attorney that can file discrimination/harassment for employment and landlord/tenant?

We live and work at the same place, I would like to have one attorney handle both cases

TeAnna Rice
TeAnna Rice answered on Oct 13, 2021

There are attorneys out there who do both, however, you are more likely to find a law firm with attorneys who do both and can work collectively on your case.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I paid rent for July does the landlord have to wait until Aug 1st to serve me a 90 day eviction notice or start it
Gregory L Abbott
Gregory L Abbott answered on Oct 8, 2021

No, rent is pro-rated daily in Oregon and a landlord is free to issue a notice anytime he wishes.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord was told he was not allowed to contact us during the selling of the property we are living is this true

He was told this by the relastate company representative handling the property.

Gregory L Abbott
Gregory L Abbott answered on Sep 27, 2021

The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a non-refundable pet deposit actually be non-refundable? If it's a deposit, how can it be non-refundable?
Gregory L Abbott
Gregory L Abbott answered on Sep 27, 2021

Despite many landlords using the phrase for several years, there is no such thing as a "non-refundable deposit". Either it is non-refundable, in which case it is a fee and only specifically listed fees in the Oregon statutes are permitted to be charged (and a pet fee is not one of them)... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved out of a rental. The initial deposit was $800 of which the landlord returned $500.

It has been well over 31 days since we turned the property back over to the landlord. The only “written” itemized accounting we have received was via Facebook Messenger and/or email. It was not personally delivered or mailed.

They have claimed they’re withholding the additional $300... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 22, 2021

You should sue for the $1600. If he wants the $500, let him counter Sue you for it - and prove it in court. That said, you may want to think about having an attorney represent you in regular court instead. The landlord has no incentive to do anything but go to trial in small claims. In regular... Read more »

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