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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my family is on quarantine for testing positive for COVID 19 can my landlord come in to do a inspection still?
Gregory L Abbott
Gregory L Abbott answered on Sep 8, 2021

You should deny him entry at least until after the quarantine is finished.

1 Answer | Asked in Personal Injury, Construction Law, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Im victim of arson .fire happen august 2019, fire coming from one of the unit 3rd floor causing the whole building total

Total lost ,is been 2 years now the condo 70% done sudenly there 2 things hapend our porsonal insurance says we have to move out of tenporaly housing.and the unit that cause fire lawyer text us about how much amount that they(farmers) owe us. I dont want answer i need advice

Tim Akpinar
Tim Akpinar answered on Sep 7, 2021

An Oregon attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and the loss of your home to fire. When you say you want advice, not answer, you may need to consider a consult with an attorney (if you don't have one already, where the attorney... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: (4) A judgment may not be enforced if the plaintiff has accepted rent

My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.

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

The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have tenants that have lived with me for three years in Albany Oregon. For the first year they were on a year lease

Then defaulted to a Month to month. My husband needs the room for his sister, as she has no where else to go. By law can I give them a 30 day notice or does it have to be a 90 day? What are my options?

Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

You have to provide them with a written 90 day no cause termination of tenancy notice that specifies all the legally required information and which is lawfully served upon the tenants. See ORS 90.427

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can 10 people show up for a house showing that we were notice 24 with no. Realtor or owner present and no mask
Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

Of course they can - and you are free to decline them entry or to ask them to leave. If they don't, call the police.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling her duplex. Does she have to pay us our security deposit or does it transfer to new the owners?

Our landlord does not live in the duplex, it's an investment property.

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2021

Whomever is the owner when you leave will owe you the security deposit, regardless of whether the current owner has transferred the deposit to the new owner or not.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant who always pays their rent on time, if not early. They are on a month to month rental agreement,

And have not violate any terms of their contract. My husband want to give them a non renewal, but I told him we couldn't because they have done nothing wrong. What can I do, to get them out, because my husband will stop at nothing to get them out, and I don't want to be sued.

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

It depends upon where the rental dwelling is located and how long the tenants have been there. IF less than a year, you may have a relatively easy path. If they have been there more than a year, there are very limited permitted reasons for a landlord to either terminate an existing tenancy or to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental property does not meet habitability standards at move-in can I legally terminate the lease?
Gregory L Abbott
Gregory L Abbott answered on Aug 30, 2021

It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can someone that took me in kick me out if I don’t get the vaccine?

They took me and my son in and I am pregnant and they are saying if I don’t get the vaccine then I have to move out. Can they legally do this. In linn county.

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

It depends on the details - but bottom line is of course they can get rid of you, it is their house! The only question is how soon and how much hassle it will be to do so. The answer to those questions depends on the exact details - how long you have been there; is there any rental agreement... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are our rights here? 90 notice.

Our landlord originally said that he wanted to sell the property and when we refused to have any people come in for showings due to having small children and covid-19 he decided to contact his attorney, which sent us a 90-day notice and a check for 1650.(equal to one month's rent) saying that... Read more »

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

Substantial repairs requiring a tenant to vacate is a permitted reason for a landlord to issue a 90 day no cause termination of tenancy notice. Assuming the Notice contained the required information and was lawfully served, it likely is valid and likely enforceable. IF you move out and the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 25, 2021

Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Jackson county Oregon renter question

I competed a one year lease and have been month to month for the last 8 months, the landlord is moving out of the US and has hired a property management company to take care of the property. I was told the only way to make sure I wasn’t evicted (because my credit score is under the minimum for... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 17, 2021

As long as you have been there for over a year, a landlord can only terminate your tenancy without cause with a permitted reason - and they are few. Even then they have to give you at least 90 days advanced written notice and possibly relocation assistance if the owner owns more than 4 rental... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Corvallis or. Lease ending during pandemic. What now?
Gregory L Abbott
Gregory L Abbott answered on Aug 17, 2021

You either renew the lease or move elsewhere. If you do neither, you could possibly face eviction. Covid moratorium rules help protect against being evicted for failure to pay rent - NOT against your staying past the end of your lease without permission.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: Can my landlord disable echeck and have me pay using my debit card on there website that charges 50$ on top of my rent

My landlord is having my family use their website and they disabled echeck so when we do pay for rent it charges 50$ extra on top of my rent

Gregory L Abbott
Gregory L Abbott answered on Aug 17, 2021

IF you are allowed to also pay in cash or check, without a surcharge, and the credit card processing company charges the landlord $50 to process your payment, it may (or may not) be legal (the law specifies it may be legal under the above circumstances for the landlord to pass along charges for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I refuse a rent increase if the landlord hasn’t been doing their duties as the landlord? Like repairs/pest control?
Gregory L Abbott
Gregory L Abbott answered on Aug 17, 2021

You will likely be evicted if you fail to pay a valid increased rent. IF there are serious repairs that need doing, or other such maintenance, you need to document your situation and lean on the landlord. If that does not solve the problem, consider reviewing it all with a local landlord-tenant... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I sue somebody that illegally sublet me a building and I am being evicted from
Gregory L Abbott
Gregory L Abbott answered on Aug 13, 2021

It all depends upon the details. Are you talking residential or commercial? Who is evicting you - the master landlord or your landlord, the guy that rented you the building to begin with?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rented a building and after a year and a half was told by the owner that it was not allowed to be sublet and wants

It says in the lease that he’s not allowed to sublet it but I did not know that until just recently

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

What does your lease say about subletting? Is this residential or commercial? Is there a question here?

1 Answer | Asked in Consumer Law, Banking and Landlord - Tenant for Oregon on
Q: I deposited a check into my account that was not honored by my landlord’s bank. That was in May. When do I get my money?

Clackamas Housing Authority is my landlord. Check was for relocation which has already been completed at my expense.

Gregory L Abbott
Gregory L Abbott answered on Aug 11, 2021

Not clear why your landlord was paying you relocation money in May if you are still there, nor the reason the check bounced - one would presume that it was not for insufficient funds if the landlord was the Clackamas Housing Authority. It sounds as if the Housing Authority, for whatever reason,... Read more »

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