Current owner has served them a 90 day termination notice. Our realtor is saying that at the 90 day mark they can be removed by the sheriff if they haven’t voluntarily left yet. Is this true? Or would we have to wait the 90 days and then the current owner file for eviction proceedings?
I hope your realtor knows more about real estate than he does about landlord-tenant law. IF the current owner served a lawfully worded 90 day Notice, and lawfully served it, and the tenants don't leave, then the current owner will have to go to court to evict them - and that could take awhile...Read more »
I always knew it to be after the 5th of the month, however my new landlord sent a mailing stating due on the 1st on late after the 4th. So I decided to research to see if that changed and I am getting confusing answers. Both Nola and Oregon State Bar states it is after 4 days after rent becomes... Read more »
IF your written rental agreement provides for it (and it will specify when rent is late), a landlord can charge the late no sooner than the 5th day after it is due. So if rent is due on the first, with the statutory grace period of 4 days, rent is late and subject to a late fee on the 5th. Many...Read more »
I believe that was during the metorium? Also he gave me notice for everyone residing in the home to provide $100,000 rental insurance? Besides myself the other people in my home is my 4 kids all under 18 yrs of age. Can he make my kids get renters insurance, when I already have active home... Read more »
See a local landlord-tenant attorney. It likely was unlawful to serve you a no cause termination notice for renovating the dwelling and you may be entitled to recover damages. Was insurance specified as being required in your lease? If not, it may also be unlawful, plus all you should need at...Read more »
Our story is a little long, but our landlord told us we have 90 days to move through a text on the day they listed the house we're renting for sale. As a side note, we've lived here for approx. 3.5 years and have always paid our rent on time.
First, no termination of tenancy notice can lawfully be served by text or email; ONLY by personally handing the written notice (containing all the required information) to a tenant; by mailing it regular first class mail (NOT Certified) and adding on an extra 4 days, including the day of mailing;...Read more »
I assume you own the home as tenants in common. Any owner has the right to invite others to occupy the unit, so either of you can. If you can't even agree on co-occupants, perhaps being co-owners was not the wisest choice.
The document was drafted by a lawyer. The document only states " Landlord" in the notice and does not specifically state my landlord's legal name. I have a verbal agreement with my landlord to rent from him. Could I challenge the notice if the landlord's legal name is not mentioned?
First, the maximum rent increase in 2021 in Oregon is 9.9% - the 7% is the base cap but you have to still add the annual cost of living percentage as determined by the Federal government every year. That said, a landlord in Oregon may only charge fees specifically listed and approved in the...Read more »
Our lease is up on March 31st and our landlord served us a 90 day notice on January 1st. They sent it via email. They plan on putting the house we're renting up for sale next month. I thought the moratorium would protect us from having to move out but they said it didn't count for us as... Read more »
First, serving you a termination of tenancy notice by email alone is invalid and unenforceable - it is required to contain the specified information and be served to you by either personally handing it to you; mailing it regular first class mail (NOT Certified) and adding an additional 4 days to...Read more »
My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... Read more »
Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,...Read more »
I heard you’re not allowed to rent your house before the original lease expires (because you’d essentially be getting double rent). But the former tenant broke the lease of his own choice and paid the remaining rent of his own choice too. Must I keep my house vacant for 3 months?
As long as it is clear that the tenant has abandoned or otherwise terminated his tenancy, you are free to re-assume possession and rent it out. IF you rent it out prior to the remaining three months on the ex-tenant's lease, and for which you have been paid in full, you must refund to the...Read more »
My dad is guaranteeing the lease and wants to know if this is legal in Tigard, Oregon. Will he be responsible if I have to break the lease. Isn’t there a maximum amount that we would have to pay like 1 1/2 months rent to get out of it even without the clause.
The 1 1/2 month penalty for an early termination of the lease is an option that a landlord may, but is not required to, offer. If there is no such clause in the lease, then the breaching tenant is liable for the continuing rent and re-renting costs, until a new tenant rents the dwelling. Given...Read more »
I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... Read more »
You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"...Read more »
After a string of car break-ins on my street the garage door remote was stolen from my visor in my car. I immediately reported this to police and to my landlady. Landlady was moving back into the house so I had to move. She asked me if I would just let her purchase the new remote because she would... Read more »
If you are not responsible for the demise of the existing garage remote opening system, you are not liable for the replacement cost. See a local landlord-tenant attorney - you may be entitled to recover twice the amount wrongfully withheld, plus your costs and attorneys fees.
What can I do to keep from losing my cash buyer? She has been waiting six months to move in. The renter first said she could not find a house to rent. She keeps coming up with excuses why she can't move. She has sited the Covid 19 saying she does'nt have to move now. At first she refused... Read more »
It is not a question of the tenant's convenience, it is a question of whether you have fully complied with the termination of tenancy requirements - written notice containing the required information, lawfully served. If so, you simply file in court to evict. If not, you start over....Read more »
She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... Read more »
Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece...Read more »
With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.
One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling...Read more »
I've been told that an eviction judgement can be stayed during the appeals process. How do I go about requesting the stay? I'm mainly asking because I've also been told that the eviction is not stayed during the appeals process.
I will need to file the appeal first thing... Read more »
You file the notice of appeal, and the required appeal documents and serve the landlord and the trial court with copies. Your first move should be to review it all with a local landlord-tenant attorney who does appellate work.
Yes, the eviction order may be stayed pending the outcome of an appeal - once an appeal is filed. But if the eviction is enforced before the notice of appeal is filed, you are likely going to be out while the appeal proceeds.
Do I have the right or do I have time to sue her the cop said there was nothing I can do but I don't believe that this happened in Brooks Oregon she wasn't even the manager and I never got an eviction notice my stuff was all destroyed what she did give me back she kept anything of value... Read more »
Assuming you are talking about residential landlord-tenant (not storage bin lock cut, etc.), then you likely DO have claims against the landlord. First, do not take your legal advice from cops. Second, cops only deal with criminal matters - and the cop here most likely is correct, there likely is...Read more »
If you have submitted a repair or maintenance request, such as for a door knob or to fix the heater, a landlord may enter without previous 24 hour notice to you within 7 days of the repair request. Otherwise, they need to provide at least 24 hrs notice unless it is a true emergency. If the...Read more »
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