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?
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
Because the rooms are month to month, I would like to not renew the leases on one of the rooms. The Tenant has caused issues in the house with others and the property. I know I cannot evict them but since they are month to month can I just not renew their lease? I know I have to legally give them... Read more »
No, first a month to month tenancy self-renews every month unless and until one of the two parties provides notice of their intent to not renew it at least 30 days (tenant)/90 days (landlord in Portland) after service of the notice. Issuing such notices by a landlord is currently prohibited by the...Read more »
She showed up and demand Ed entry and pushed her way into the front door and came inside..she has threaten me. Yesterday said she almost burned the house down because if the rent freeze and I couldn't pay rent. She harrased me on social media slandered my name. What do I do..I have messaged... Read more »
The solution is simple, though perhaps not easy. You simply tell her no and do not allow her to enter. IF she does enter without your permission, document it as best you can - notes, photos, witnesses, etc. - and, if you are there, call the police to have her removed. If she enters without your...Read more »
It is legal for a landlord to bill back their tenants for utilities that the landlord pays in a lump sum, such as water, sewer, and trash in many/most apartment complexes. BUT there are a slew of regulations that the landlord must comply with in doing so, including providing the information in a...Read more »
New building manager has it out for me. I’ve lived here going on 4 years now and am on month to month lease, never had any issues. Now with the new manager I have gotten 2 notices of violation in as many weeks. However both notices are not true and I feel they are doing this so they can show... Read more »
I agree that it is wise to make a written response now - not so much because it will accomplish anything immediately but it does keep the record straight and you are right that they otherwise may try to use their current complaint letters against you later. So send them back as neutrally toned but...Read more »
Much depends upon the exact facts and details. IF there is a landlord-tenant relationship between you, you may be able to terminate their tenancy and evict them in court. The fact that they agreed to do repairs in exchange for being allowed to live there may (again, depending upon the exact...Read more »
My current lease expires end of June. I received notice on June 1 that I must choose a new option (12,6 or M2M) by June 20th, but no matter what option it's stating that rent will increase on July 1st. I thought they had to give 90 days notice before raising rent? Should I call them out? Thanks.
They DO have to give at least 90 days prior written notice of any rent increase (note written means written - NOT text, email, voicemail, etc.) and any rent increase cannot exceed a 9.9% raise over the previous 12 months and, if in the City of Portland limits, may have to provide a variety of...Read more »
Thought they had to give me 90 days to increase my rent. Signed the lease via Docusign with no increase, but it seems like I got trapped. I was going month to month...and then they said I must sign a new lease immediately or the rent will increase. Legal?
Haven't signed yet...but landlord wants me to sign in the next two days...haven't even read the whole thing yet..She says if I don't sign now with no increase that my rent will increase down the road at some point. It's a 1 year...but, I can't get over the notice being a... Read more »
If you say you can't read the lease in two days, you are telling the landlord you don't take the issue seriously or simply don't care. Yes the landlord can raise your rent up to 9.9% anytime with 90 days notice - locking in the amount of your rent is one of the major advantages of...Read more »
While some details could otherwise affect the answer, a landlord must give you at least 90 days advanced written notice of any rent increase, and then only after the expiration of any fixed term lease. Plus any rent increase can be for no more than 9.9% over the last 12 months. If they try, it...Read more »
My landlord is mad, and may evict me. I don't know how to get her out. She has threatened me with violence. I have the only key to mobile home, and mailbox. What is the law about this situation? I think that if she gets a notice, and has a few days, she will destroy my place. Please help.
First is the question of violence you referred to. IF credible, you may want to seek a FAPA restraining order against your friend. If the court grants it, even just temporarily, it would have the Sheriff remove her from the premises and you do not have to ever let her back in (though she would...Read more »
I moved in with a friend and signed a lease with a 90 day notice of me choosing to leave or them asking me to leave. The lease is with the landlord who never gave me a copy once I signed it. I've asked for a copy now that my roommate (the daughter of the landlord) asked me to... Read more »
No your roommate cannot just "throw" you out. Your landlord only has the authority to give you a notice to vacate the premises and terminate your tenancy. Depending on the type of lease/ tenancy you have, what city you live, and why they are giving you a written notice to terminate your...Read more »
I'm the landlord, tenant and I came to an agreement she'd be out by May, as I had people scheduled to move in. I had a new lease drawn up stating the end of her tenancy to be April 30th. Come May, she tells me she won't move out, citing difficulties related to COVID-19. I told her... Read more »
IF you have a written notice from the tenant that she is terminating her tenancy as of a specific date and she fails to leave, then you likely can proceed to evict subject to the courts being open and handling eviction matters so long as you have not accepted any rent from the tenant for past the...Read more »
Our tenant has been in home for a number of years and children living with her and are now all adults and want to continue living there. We will be signing a new agreement with them. Can we ask children to be responsible for the past rent due? In the new lease can we put in a... Read more »
Your deceased tenant's estate is indeed liable for the past due rent. Her family members are not unless they voluntarily choose to be. The proper procedure is for you to file a claim with the representative of her estate and be paid from estate assets. Do realize as well, however, that no...Read more »
Likely no since both service animals and emotional support animals are legally defined to not be "pets" but rather working animals, not subject to normal "pet" rules, with service animals having even more protection/rights than ESA's. Rather than wait to be...Read more »
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