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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I get an eviction notice for a no rental agreement roommate situation for the cause being fowl odor etc
Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2020

First, is there a landlord-tenant relationship here or just a guest staying beyond their welcome? Then, only the landlord can terminate a tenant's tenancy, NOT a roommate unless they are also the landlord. Foul odors likely come under the failure to keep the premises clean and sanitary. If there... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: There is no written rental agreement just a room mate week to week verbal I need to evict her for no cause in oregon

I need a form to evict that says no rental no cause eviction/vacate

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

Stevens-Ness or MultiFamily Housing NW both publish almost any form a landlord could need. Whether they are appropriate for your needs or whether you fill them out correctly is a different potential issue. Both are available online. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I do a no cause eviction in Lincoln City, OR if I own the property, live in one unit and rent out the other unit?
Katherine Goodman
Katherine Goodman answered on Feb 17, 2020

Depends on a lot of factors such as how long the person as been living there, if the tenant has a month to month lease or a fixed term lease (generally 1 year) and potential other factors based on whether it is a fixed term lease or a month to month lease. I would recommend contacting a local... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do I need a divorce decree to remove a tenant who has left the marriage, and the apartment, off a lease?
Katherine Goodman
Katherine Goodman answered on Feb 17, 2020

If you are a landlord with a valid lease agreement with the tenant then you will need to evict the tenant for cause. However, there are a lot variables that would need to be known before giving you more advise if you are the landlord.

If you are not the landlord and you are just the...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Should I sign lease renewal without prior verbal agreements listed?

When moving in the manager kept at least one of our cats off of the lease to avoid deposit charges as a way to entice signing; then he was replaced before our lease was up or we had any ability to get verbal contracts put into writing including the existence of all animals and permission to paint... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 10, 2020

You know the answer, you are just trying to find a way around it. No one should EVER sign any document which they know contains false information and you are certainly justified to be concerned about it. Even if a landlord does nothing about it now, you will be giving them a weapon to use against... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord ask me for rent before it's late?

On Sunday, February 2, 2020 I woke up to about 20 texts from my landlord "reminding me" to pay rent. About 18 of these just said "reminder" with nothing else. I've never paid rent late and it's not late until after the 4th of the month.

Gregory L Abbott
Gregory L Abbott answered on Feb 10, 2020

IF this is not an exaggeration and you can PROVE the landlord sent you 20 text messages the same day "reminding" you to pay rent, that may well be a violation of Oregon's Unfair Debt Collection Practices Act, entitling you to at least statutory damages, court costs, and your attorney's fees.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My heater doesn't work and my landlord won't fix it, what can I do?

My apartment comes with an electric heater/fireplace, it used to work great, going up to 90 degrees. Now it won't go above 70, ever. It shorts out. I've told my landlord and her reply was "open your closet and clear the vent most heat comes from my(her) apartment, the fireplace is for show", when... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 10, 2020

You need to be sure that your maintenance request is in a dated writing, with you keeping a copy. If the heat is still not timely fixed, you a variety of potential remedies. You likely are entitled to get a reduction in rent owed until it is fixed. You also may have a right to break your lease,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do i have to get a court ordered eviction if a renter has abandoned rental? Can i just take the place back???

Renter left house 1/26, left state 1/31 w/no notification. Late rent notice to be posted and mailed on 2/10 w/72 hours given to comply. Can i just take my rental back on 2/14 without going to the county to file for an eviction? Renter texted me on 2/4 that she will not return to the state till... Read more »

Katherine Goodman
Katherine Goodman answered on Feb 10, 2020

IF the rental agreement requires your tenant to give actual notice to the landlord of an anticipated extended absence in excess of 7 days as permitted by Oregon law, ORS 90.340 and tenant willfully failed to do so you can recover actual damages. If your tenant as actually abandoned the dwelling... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon are there laws related to having to move due to home being sold but did not receive written notice.

I had to move quickly because housing is so hard to find and had to take what was available. Landlord now does not want to reimburse last months rent which was paid on initiation of lease.

Gregory L Abbott
Gregory L Abbott answered on Feb 3, 2020

This all depends upon the exact details. If no written notice was given, then you presumably were not obligated to yet move. Were you on a fixed term lease or a month to month tenancy? If month to month, did you provide at least 30 days prior written notice of your termination of tenancy? Or... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: is a 72 hour notice to pay or quit for non payment of rent valid if landlord did not date it when posted and mailed
Katherine Goodman
Katherine Goodman answered on Feb 3, 2020

If you mean that your notice did not specify the date and time by which you, tenant, must pay the rent to cure the nonpayment of rent, then yes the notice is not valid. It is recommended that you pay your rent as well, if you have not already. If this does not completely answer your question,... Read more »

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: My landlord waited until I paid rent, then gave me 30 days. Does he owe me prorated rent once I move out?

Today is the first, he gave me 30 days yesterday. If I'm out on the 8th, does the law require him to give me back 21 days of pro-rated rent?

It is a month-to-month residential rental. I've been there one month, just paid rent for the second month. He gave me 30 days to move out and said he... Read more »

Katherine Goodman
Katherine Goodman answered on Feb 1, 2020

To give you the best answer to your question, additional information is needed. What did your landlord give you 30-days for? e.g. eviction. Additionally, what type of lease do you have? e.g. month-to-month or a 1 year. Moreover, is this for a residential or commercial lease?

With more...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: roomate not on the lease and gave them an eviction notice and they said because it's not from the courthouse

Is it effective if it is not from a courthouse due to this person is not on the lease

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

The process is supposed to be that the landlord or their managing agent issue the tenant who signed the lease a 30 day for cause notice, giving them 14 days to get the unapproved occupant out of the dwelling or 30 days to get out. If the tenant does neither, then the landlord has to file in court... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the law regarding the eviction process in wa .for clean and sober housing
Katherine Goodman
Katherine Goodman answered on Jan 29, 2020

You will need to talk to a landlord and tenant attorney that is licensed and practices in the State of Washington. Your question was posted for Oregon. You should re-post your question into Washington. Good luck

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is saying that they didn't get my 30 day notice in the mail, I moved out and they are giving me a eviction

But I don't live at the house anymore is that legal? I have pictures of my notice and everything

Katherine Goodman
Katherine Goodman answered on Jan 29, 2020

IF you served your 30-day notice to vacate according to your written lease agreement or Oregon law service was proper. However, you should talk to a landlord-tenant attorney about the eviction and service of your 30-day notice to vacate. They can guide you in your next steps and help you determine... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord/manager have your things moved to another room without giving notice or you being present?
Katherine Goodman
Katherine Goodman answered on Jan 29, 2020

To give you a complete answer to your question additional information is needed, do you have a written lease, are you renting just a room from the landlord or are you renting the entire premises. With some additional information an attorney can give you a more complete answer.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can an eviction notice be given, along with court summons after the eviction date had expired without prior notice?

72 Day Notice of Termination of Employment Agreement and occupancy of premises dated January 11, 2020. Was posted on building door the 23rd of January. Stating that my occupancy will terminate at end of day January 18, 2020. Also with this was a court order, along with complaint. Court order... Read more »

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

A landlord filing eviction must include a copy of the Notice of Termination of Tenancy that they are relying upon with the Complaint, which in turn has to be served upon the tenant which can be done by posting the papers on the main entrance door. It sounds as if this may be what has happened,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If the rent is late what is the amount the landlord can charge you for the month?

My son's landlord is telling him he has to pay $50 every week that the rent is late. The landlord said he owes $200 for the rent being almost 3 wks late.

There is no contract written and there was no late fee price set when he moved in.

Gregory L Abbott
Gregory L Abbott answered on Jan 25, 2020

Late fees are legal and can be charged in Oregon but ONLY if they are first specified in detail in a written rental agreement.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I legally evict a tenant who repeatedly pays the rent/utilities extremely late?

I have a resident who has received two 72 hour notice of termination for non payment in the last 6 months. They always pay at the last minute and by then the rent/utilities are 14 days late. Is it possible to start an actual eviction in the state of Oregon based on repeated late payment? Or do... Read more »

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

You can issue a 30 day for cause termination of tenancy notice giving them 14 days to "cure" the problem or 30 days to get out. If they do neither, then you can proceed to evict based on the 30 day notice. IF there is no repeat late payment between day 14 and day 30, they get to stay just as if... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant vacated house but left a car parked in the driveway.

Tenant previously stated the car did not run. Now they are not answering my calls or texts. The car is sitting right in front of garage door blocking access to one bay. Can I have the car towed to the street?

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

NO! You would be abandoning a non-working vehicle on a public street, which, of course, is illegal. I would first see if the police will have it towed since it is on private property and blocking access. If they refuse, there is a whole process for dealing with tenant abandoned cars that you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord question: one lease agreement with 3 persons, one moves out - can we start new rental term with the other two?

Rental term was November 7, 2018 to February 7, 2020, month to month thereafter, in city of Portland. One person is moving out voluntarily. We are considering putting the house on the market to sell. House used to be our own residence but when we moved out market was not good for selling. Can we... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 17, 2020

If the current lease is signed by 3 co-tenants and one wants out at the end of the lease term, then arguably they are the ones not renewing (as long as you offer to renew but only to all 3). Entering into a new lease with just the remaining 2 is certainly an option if all of you agree, but... Read more »

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