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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: What are my rights as a property owner? how do I evict someone who refuses to leave my propery?

I let a friend stay on my property in a tent on a temporary basis. I live on this property also, in a mobile home. There was never any contract so to speak, and he doesnt pay rent. Winter came and I allowed him to stay in a gutted out schoolbus that had a woodstove in it so that he wouldnt freeze.... Read more »

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

If the dog bit anyone, you should report that to your local county animal control. If the dog bit at the command of a human, you should report that to your local police or sheriff. As to getting rid of him, you need to review everything with a local landlord-tenant attorney. IF you can establish... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does ORS Chapter 90 90.545 apply to all rental units, or only manufactured dwellings/floating homes?
Gregory L Abbott
Gregory L Abbott answered on Sep 16, 2020

By its own terms, it only applies to manufactured dwellings and floating homes.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As the landlord, can I evict a tenant so that I can move into the unit that is located at McMinnville, Oregon
Gregory L Abbott
Gregory L Abbott answered on Sep 15, 2020

Possibly yes, with proper notice etc (assuming you own the property of course) but you cannot even issue the mandatory 90 day advanced notice until after the Covid-19 emergency is officially declared over in Oregon. Thank you Governor Brown.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord sell the house we are currently renting? How much notice do they have to give us for it to be legal?

We're on a month to month term and the landlords have already put the house up for sale and have given us no notice. Where do we, as tenants, go from here? Do they have to pay us relocation assistance?

Gregory L Abbott
Gregory L Abbott answered on Sep 13, 2020

No, no fee and no notice required. Nothing changes except who you pay your rent to (they will have to give you notice of that when the time comes). If the buyer wants to use your dwelling as their own primary residence, then the seller has to give you at least 90 days advanced notice and copies of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rented a room to someone using a standard month to month contract — he refuses to use a mask

What are my rights here?

Gregory L Abbott
Gregory L Abbott answered on Sep 9, 2020

You need to be VERY careful - and likely are already exposed to a lawsuit by your tenant and are likely liable to him for statutory damages if the rental dwelling is within the City of Portland city limits. Did you include written notice of his tenant's relocation assistance rights? Did you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a former landlord send final bill thru email or does it have to be mailed?

Is it legal to send final accounting bill thru email? Saying where security deposit was used for and additional charges?

Gregory L Abbott
Gregory L Abbott answered on Sep 8, 2020

In Oregon, a landlord MUST send either a refund or accounting for why they are keeping part or all of a tenant's security deposit in writing within 31 days of having possession restored to them. They are free to send it in any other manner they wish so long as it is in addition to, not in... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the management/landlord team raise our rent without a renewed lease and do they have a right to kick us out?

We have lived in our apartment for over 3 years. Up until now, we just realized that we never renewed our lease, which ended last summer (2019). I was looking through the building’s website and saw that our place’s rent was significantly higher than what we pay now. And because we haven’t... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 8, 2020

If you originally had a fixed term lease that has now expired, you are now likely on a month to month tenancy. As such, your landlord is free to raise your rent anytime as long as they provide you at least 90 days prior written notice and it otherwise complies with the legal requirements. You can... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlady gave us a rent increase of $205 on a $1045 rental with 1 months notice.

She claimed she is legally allowed to raise it by that much because we were on a month to month lease with her ex husband who was our landlord at the time. She increase the rent last June 2019 when we signed the month to month lease. We have been at this residence for 6 years

Gregory L Abbott
Gregory L Abbott answered on Sep 5, 2020

Assuming you are inquiring about a residential rental in Oregon, you likely have damage claims against your landlord as well as being due a refund for being over charged on rent. How much in damages depends in part upon exactly where the rental is located. In addition to the damages, you are... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Trailer/TV park I live in got new owners 3 days ago, today laundry/showers have been closed plus rent increase125. Orego

All tenants month to month from prior owners, but have recieved no prior notice of changes or rental agreements from new owners.

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

You don't say WHY the showers were closed or if it is intended to be permanent. Whether the rent increase is lawful likely depends upon whether it is a less than 10% increase in the last 12 months and if the notice contained the required information, provided at least 90 days (94 days,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am a landlord with a month-to-month written agreement with my tenant. He has not paid August rent and has moved out

He did not give any notice and he left keys on counter. What do we do now?

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2020

It sounds as if your tenant simply abandoned his tenancy. If so, you assume possession and prepare it for re-renting or whatever else you intend to do with the dwelling. If he left any personal property, you have to protect it and only dispose of it according to the requirements of ORS 90.425.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Moved out in June got estimated cost in July and still haven’t heard of final cost as of 8/2020, what’s my rights?

We have been waiting to see how much we owe or owe anything at all, I am having a baby in three weeks and with me on maturity leave, my husband and I need to plan for any payments we need to make. But we haven’t heard from our old landlord and someone is currently living in the home we use to... Read more »

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

A landlord has 31 days after the tenant restores possession to them to either refund the tenant's security deposit in full or to provide a written accounting for how much they are keeping and for what. If damages exceed the amount of the security deposit, the landlord is free to account for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord emailed me and said hes raising my rent in 4 days, $100 because my boyfriend moved in and 7% cuz

also lawncare was supposed to be included but now he wants me to do it. My rent is going from 600 to 742 in 4 days, is it legal? Ive been there for 4 years now.

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

There are numerous things wrong with this - email is NOT a lawful method of notifying a tenant of a rent increase; any rent increase notice must be in writing (yes, paper and toner/ink/pencil) contain the required information and be lawfully served. It must provide at least 90 days prior written... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: No lease, 1.5 yrs of living in house, landlord said we must leave in 60 days due to renovations into commercial - legal?

We have never signed any lease agreement, have always paid rent on time, no issues. Now he is just kicking us out with 60 day notice during a pandemic because he wants to make the building into a store.

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

IF you currently are residential landlord-tenant and IF you have been there more than a year, then a landlord may not even issue a no cause termination notice until after the Covid-19 crisis is declared over (currently scheduled for September 30th but subject to change as the time comes closer) and... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a renter - no written contract. I no longer want to rent to anyone - can I evict him? He wont go willingly
Gregory L Abbott
Gregory L Abbott answered on Aug 27, 2020

Unless you can evict for a permitted reason, you may not even issue a termination notice until after Covid-19 is no longer an emergency - currently scheduled to be September 30 but subject to change.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is my child an unauthorized tenant in my apartment after she turns 18?
Gregory L Abbott
Gregory L Abbott answered on Aug 24, 2020

It depends upon what your written rental agreement says. IF she is listed on it as a permitted occupant, that should not change when she becomes 18. If she is not, and is just listed (if at all) as a minor child of the actual tenant, then a landlord likely can require that she submit to a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I sue a tenant who damaged my property even if there was no lease agreement?

The tenant was renting my house for over 7 years. She left my house unlocked and texted me to say she left for California.

Gregory L Abbott
Gregory L Abbott answered on Aug 21, 2020

Of course you can sue her if she damaged your property. Finding her to serve the court papers to and actually collecting from her if you get a Judgment may make it impractical but no reason you can't sue her if you wish and are willing to invest the additional time/money in filing a lawsuit.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My son needs an land lord/ tenet attorney. He got a text message saying he had to move or they would move his stuff.

The landlords have brought people to my sons rental to strong arm him, damanded to enter, left people on the property to intimidate him till all hours of night . My son does not have alot of money need some help now.

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

Text messages are NOT lawful notice of termination of a tenancy nor can a landlord lawfully remove a tenant's personal property until after the tenant has vacated and the landlord has provided written notice and opportunity for the tenant to come claim said property. Nor are landlord's... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: My roommate threatened to shoot my dog.

My roommate is afraid of my 11 month old puppy who is mouthy but non-aggressive and my roommate is afraid of him. He threatened to kill the dog and told me he has guns in the house. The landlord is refusing to do anything. Is this considered outrageous in the extreme? I feel very threatened and... Read more »

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

Maybe it would be outrageous; maybe not. Regardless, only a landlord can try to evict a tenant for outrageous acts, NOT a co-tenant. If you cannot work it out with your roommate, then your option is to terminate your tenancy and move. Do note that you need to provide your landlord with proper... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon. Can I be evicted if I call authorities on someone who is doing illegal work in the park I live in?
Gregory L Abbott
Gregory L Abbott answered on Aug 19, 2020

No, not legally. However you would have the burden of proof at any trial to prove that the landlord retaliated against you because of your engaging in protected activity, such as reporting unlawful work - and that can be difficult to prove.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, can new owners of a property terminate a preexisting lease early (ie upon their new ownership)?
Gregory L Abbott
Gregory L Abbott answered on Aug 19, 2020

Assuming you are talking about a residential fixed term lease, the general answer is no - the tenants contracted to be able to stay there through the end of the leasehold period. If you are talking about a month to month tenancy, then the old owner may be able to terminate the lease, depending... Read more »

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