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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Once a tenant has given a 30 day written notice to vacate the property, can they revoke that notice?

If a tenant has followed protocol and given a written 30 day notice to vacate a month to month lease contract can they revoke that notice or do they legally have to vacate unless the landlord allows them to stay?

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

If either side - tenant or landlord - issues a notice of termination, they have no legal right to rescind the notice without the permission of the opposing party. So no, if a tenant gives a written 30 day termination notice, the landlord may rely upon it and enforce it if the tenant fails to leave... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: tenant moved out & and his girlfriend stayed and refuses to leave. She is not on the rental agreement. How do I remove?
Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Depends upon the exact details. Perhaps under ORS 90.403 you could evict her as an unauthorized possessor. If your exact facts don't allow that, you may have to file to eject her instead of evicting her. Regardless, neither are do-it-yourself sort of projects and can prove to be very... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to show up every month around the 20th wanting rent that is not due until the first?

We have been here 14 years and never missed a month and all of the other 11 tenants pay him early as they have pensions or are a two income household. Its just my husband and I , he works, I do not. Im growing extremely tired of being bugged for rent that is not due yet, not to mention all the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Depending upon the exact details, it may be a violation of Oregon's Unfair Debt Collection Practices Act to demand payment of a debt that is not yet due.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My girlfriend and I are on a month to month lease with 1 roommate. Can the 2 of us give notice to vacate?

What if the 3rd Roomate doesn’t want to move out? Can we give notice and remove ourselves from the lease? Or are we responsible for the rent until a new Roomate is found?

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

If all 3 of you are on the same lease, any of you can issue the required 30 day termination of tenancy notice. Doing so will legally terminate the lease for all 3, though #3 can always talk with the landlord to see if they can enter into a new rental agreement, with or without new, replacement... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a month to month tenant ask for a lease renewal sooner than the 90 days we are required to give to them?

I just started as a property manager at my company in August of 2020. My predecessor was bad at sending out renewals on time to fixed term tenants. I have a tenant that's lease expired 10/31/20 and they asked me about it on 10/21/20. Seeing that a renewal was not sent I generated one and sent... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Sure, you can enter into a new lease anytime that both sides/parties agree. That said, no, you cannot lawfully raise rent without at least 90 days advanced written notice. There is no reason, however, the new lease cannot provide for the old rent until 90 days have passed and then have the rent... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to serve me a lease violation notice through e-mail?

I received an email from my landlord saying I had 14 days to cure, and that on day 14 they would be doing an inspection. Is this legal? Or do they have to give it to me in person? They cited Covid as the reason for email instead of in person.

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Covid does not change a landlord's obligations - serving solely by email (or text for that matter) is not a lawful way to serve a 30 day for cause termination notice and any attempt to enforce the Notice is likely to fail in court. As to whether it also is a valid method of notifying you of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent an apt. Out only on a week to week. I have someone that refuses to leave after being asked to by owner and mgr.

Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be... Read more »

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

Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am currently renting a room in a house for the past 5 months. The washer and dryer are in the kitchen.

The landlord has informed us that the water supply to the washing machine in the kitchen is being disconnected. A reason is not being given. The landlord pays for water. Is this legal? Is the landlord required to give me a discount in my rent, since I moved in with the understanding that I could do... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2020

A landlord does not need to provide appliances at all to a tenant. But if they elect to do so, then they are obligated to maintain, fix, repair or otherwise continue to provide the same or better level of service to the tenant throughout the tenancy. So your landlord is free to remove the washing... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord remove the refrigerator, stove and microwave from my house after I have lived there for 5 months?

I am behind on my rent for November due to Covid and I think he is doing it to retaliate. I live in Portland in Multnomah County.

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2020

A landlord has no obligation to provide any appliances. However, if they do provide any, it is their duty to maintain and repair those appliances since they were part of what you're paying rent for. If he refuses to replace them, you likely have claims against him. If your dwelling is within... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has shut off my power and there has been no eviction filed what do I do to get my power back on

There are many other issues concerning my home as far as habitable standards like no heat all power is run threw drop cords there is only cold water in the bathroom sink and no hot water at all

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

It sounds as if you may have a variety of claims against your landlord for damages. You may wish to consider reviewing it all with a local landlord-tenant attorney to identify potential claims and to create a game plan for how to best proceed. It may also be that a stern letter on attorney... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in OR. my landlord is forcing me to submit notice to vacate while denying showing me proof to her validity. ?

Is this allowed? I asked my landlord if she would show me the surveillance footage of my visitor (not me) committing a crime in the lobby of my apartment, just so I can verify that she is telling the truth, before I start packing my items. Not an unreasonable request, right? but she said she is not... Read more »

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

I also got your phone message - and called back, tried to leave a voicemail but your mailbox is full and not accepting new messages. Much depends upon the nature and seriousness of the alleged violation but no, you don't have to voluntarily terminate your tenancy. Your landlord likely wants... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a landlord demand that we increase our renters insurance to $300,000? We are perfectly fine with the amount we pay.
Gregory L Abbott
Gregory L Abbott answered on Nov 13, 2020

In Oregon, a landlord can require a tenant to carry up to $100,000 insurance coverage if they jump through the right hoops.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Moved into apt with roommate. 2 months into one year lease agreement, roomate, due to mental issues is now abandoning

Apt to go live with family. Are they still responsible for their half of rent? Can property go after them for rent? Will they evict me if I can't pay their half?

Gregory L Abbott
Gregory L Abbott answered on Nov 6, 2020

Yes, the tenant that abandoned the tenancy most likely continues to be liable for the rent, along with you if you both co-signed the lease. Understand in that situation, the landlord has their choice of whom to try to collect the rent from - all from him; all from you; some from each, however he... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oregon on
Q: I am interested in purchasing a home that the seller is indicating the existing tenants need 9 months to remove from

Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2020

It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My rent check was never cashed, property manager didn’t tell me for about 90 days. I moved out, didn’t get my deposit.?

I was told to leave my check with the maintenance dept.

When I was notified over 2 months later it was a short email notice. Not a phone call. Now they want me to talk to my bank about refunding my money. They didn’t tell me the check was not cashed for over 2 months!!!!

Gregory L Abbott
Gregory L Abbott answered on Oct 28, 2020

Afraid I am not following you. IF a check is never cashed, there would be nothing for a bank TO refund...or, if they cashed it after 2 months, it still should be applied and credited to your rent ledger - so where's the problem there? You reference not getting your security deposit back but... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?

ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2020

It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a renewal offer with increase that was not received within 90 days.

The property manager changed the effective date to 12/7 which would cause is to be late on rent as it’s due the 1st. Our lease ends 11/30. Can I tell them to send a new renewal offer without increase as they failed the 90 day law?

The renewal was mailed 87 days and I received 83 days... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 22, 2020

I am not sure I follow but it sounds as if you are on a fixed term lease which expires 11/30/20 and now have gotten a renewal offer with a rent raise while only being provided 87 days notice. And you reference the landlord changing the effective date to 12/07/20. It is unclear how the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?

Can they force us out because of the sale?

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

These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... Read more »

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