January to May 2023: Rent payments made timely and without incident.
• June 2023: Discussions with the OCB ensured continued support.
• July 2023: Rent payment was missed due to the school’s oversight.
• August to October 2023: Rent payments resumed as per usual.... View More

answered on Nov 26, 2023
More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More
Mail from my apartment was all being returned to the post office because they were under the impression that the apartment was already vacant. Had a check through a county housing agency to pay the rent and landlord refused to take. Was given faulty information in filing motion to stay by the court... View More

answered on Nov 18, 2023
In Oregon, proper service of eviction notice is a critical part of the eviction process. If you were not formally served with eviction papers, this could be a significant defense in your case. Oregon law requires landlords to serve tenants with a proper eviction notice before proceeding with an... View More
An angry roommate hid it from me while I was moving out, so I didn't see it during the walk through. I have receipts for everything. Now the new tenant won't let me check if it's there, and the landlords only said "don't get the police involved, it's a waste of time... View More

answered on Nov 13, 2023
In Oregon, if you've left belongings in a property after moving out and the new tenant and landlords are aware of it, you still have rights to retrieve your property. Since the contents are valuable and have emotional significance, it's important to address this matter promptly.... View More
My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More

answered on Nov 13, 2023
Assuming you are talking about a rental in Oregon, yes, technically only three methods of service are valid - personal, by mail, and/or posted on the door and mailed if a written lease provides for it. Leaving it in the laundry room does not comply. A creative attorney for her might be able to... View More
My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More

answered on Nov 13, 2023
In Oregon, the validity of a termination notice largely depends on the method of delivery stipulated by state law and the terms of your lease agreement. If both state law and your lease specify certain methods of delivery, such as hand-delivery, first-class mail, or posting on the premises, and... View More
After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More

answered on Nov 6, 2023
If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More
I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location

answered on Nov 6, 2023
Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More
-I transferred units and they did not charge pet fee for my current unit.
-They also are charging me for bleach stain(s) however there was only one stain in one bedroom. Even their supporting documents show one
- they could not answer me when I asked them what bedroom are the... View More

answered on Oct 16, 2023
I am not clear as to your current status - are you still in possession and an active tenant or have you restored possession to the landlord, moved out, and now are dealing with the landlord's accounting and attempt to charge you? One bleach stain sounds to be chargeable to you and they should... View More
We received an email 30 day termination notice from the tenant on the first of the month stating they were moving out the second week of the following month(40 day notice). The tenant is demanding that we refund the last 20 days of the month that they prepaid with a last months rent deposit since... View More

answered on Oct 15, 2023
Your tenant is correct that rent accrues and is prorated on a daily basis so they would be entitled to a refund of their prepaid rent for the balance of the month. However, that all is based upon their providing you with at least 30 days advanced written notice of their termination of tenancy.... View More
Our tenant gave a 30-day notice that she was terminating our month-to-month rental agreement on September 10. She claims that we are required to prorate for that period and only charge her for the 10 days she lived in the house in September, not for the full month of September. The agreement begins... View More

answered on Oct 15, 2023
It depends what you mean. IF she gave at least 30 days advanced written notice, and the notice contained all the required information and was lawfully served, then she owes rent through the 30 day notice date or when she restores possession to you, whichever is later. However, if that date falls... View More
The other dog was injured slightly. The officer investigating the incident found that our dog was not a threat. The vet that looked at our dog said our dog was very friendly and not aggressive. Other neighbors also say our dog had never acted aggressive or in a threatening manner. However the... View More

answered on Oct 7, 2023
Assuming your landlord has issued the required notice, containing the required information and lawfully served, your choice sounds to be remove the dog; get out; or be subject to being evicted. Your dog has demonstrated aggression and you have demonstrated a failure to maintain your leashes in... View More
Employees showed up to do repairs that were never discussed with the manager. I stated you need to give 24 hour notice and he said not if its outside and to call her or the police. She wouldn't answer the phone. This was not an emergency and I did not request it. Before they left I saw them... View More

answered on Oct 4, 2023
If the yard is a common area shared with other tenants, or it is an emergency (pipe burst, etc.), then they likely don't have to provide you 24 hr notice. If you have requested repairs, they can enter without 24 hr notice for 7 days following the repair request, longer if they are in the... View More
My apartment has weakened floors, a mold issue and the landlord gives excuses on when it’ll be fixed. I’m still paying rent but behind due to injuries sustained earlier this year. I don’t make much money as I barely get by. I’m curious as to what steps I can take to get this taken care of.... View More

answered on Oct 1, 2023
An Oregon attorney could advise best, but your question remains open for a month. I could only speak for the mold issues. You could reach out to attorneys to try to set up a free initial consult. I'm not familiar with Oregon case law on mold, but nationwide, they are difficult cases - many... View More

answered on Sep 2, 2023
Yes they can charge you for utilities that benefit other tenants or common areas IF they tell you so in a written lease, tell you the formula used to determine the amount, etc. They also have timing and disclosure requirements. Check out ORS 90.315 for the statutory requirements. I question whether... View More
Does anyone there have an answer to question.

answered on Aug 16, 2023
You need to read the lease very carefully but it is unlikely. First, there is a 1 year statute of limitations on most claims arising out of a rental agreement. Second, if utilities are billed by the provider to the landlord, and the landlord intends to bill them on, in part or whole, to the tenant,... View More

answered on Aug 8, 2023
As long as the tenant has been there for less than a year and they are on a month to month tenancy, a landlord is free to terminate their tenancy without cause by serving the appropriate notice(s). Whether 30 days or 90 days notice is required depends where the rental is located, as is any... View More
I have fallen due to there not being any non slip on this floor and or beacause of a faulty drain system, which I have repeatedly e mailed the owners/ manager about only to get no response at all.

answered on Jul 8, 2023
An Oregon attorney could advise best, but your question remains open for two weeks. A local attorney would be familiar with any applicable building or safety codes for multi-family dwellings. However, from the standpoint of general legal principles (regardless of a city's building codes),... View More
I have lived in my apartment for two months now and recently told the landlord about a massive amount of black mold we found in our bathroom that was not disclosed to us before we moved in. My wife got sick and one of the diagnosis was possible black mold in the house. I checked the house... View More

answered on Jun 19, 2023
No. A landlord can only get rid of you with advanced written notice. How much notice depends upon what grounds he has to terminate your tenancy. It is unlawful to terminate your tenancy out of retaliation for complaints and the Sheriff can only throw you out after a Judge orders it. If the landlord... View More
I've lived here 3 years pay rent in time have nowere to go or put my things I was homeless 7 years before this and now I am hiding in room scared him and son are threatening me

answered on Jun 19, 2023
First, only a landlord can terminate a tenancy - your roommate has no more right to end it than you do to end his. Second, a landlord can only terminate your tenancy with written notice. How much written notice depends on the reason. If for cause, such as failure to pay rent or breach of lease, it... View More
Tree was damaged from ice storm. Split from 10' above ground to ground. Afraid it would fall threw bedroom roof. Told Management and they sent me phone # to get estimate. The estimate stated it was urgent that the tree needed to be removed ASAP to prevent other structural damage to property.... View More

answered on Jun 11, 2023
You obviously were concerned about your safety. Nevertheless you had no right to remove the tree - that was the landlord's right - and obligation - not yours or your decision to make. If you believed the tree posed a serious risk, you could\should have have requested the City to inspect and if... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.