Of course - any/all of the Covid moratorium rental restrictions apply to landlords either terminating a tenant's tenancy due to failure to pay rent or without cause. Neither apply to early termination fees - these are imposed only when a tenant elects to terminate their lease early. If they...Read more »
Hey so I’m renting a house and just had a new born today came home and had a letter saying there showing the house Ever since I called the city/ county for her to make repairs of a septic and oil tank leaking they took matter in there own hands and email her for the septic charging her and the... Read more »
A landlord has the right to sell the rental dwelling if they wish but they still have to provide at least 24 hours advance notice of their intent to enter to show the dwelling. You do not have to allow any specific showing but are not free to ban all showings. You can require that those that...Read more »
We have leased a commercial building for over 5 years a new landlord came in a year and a half ago we signed a year lease with terms of rent increase every Jan of 150 this last Jan he didn't bring a new lease but informed the rent hike and now has given us a 30 day notice we do events in this... Read more »
Any cap on raising rent in a commercial lease depends upon the terms of the rental agreement. Without specified limits, a landlord is free to raise the rent any amount they wish - for an existing or new tenant. It is why most commercial renters insist on multi-year leases so they can plan and...Read more »
Yes, there are special legislative restrictions on terminating tenancies at least until July 1st. Even thereafter, you can only terminate a tenancy either for cause or without cause - and if without cause, it must still be for a permitted reason. The financial penalties to a landlord who makes...Read more »
My apartment manager says with my 30 days notice, I have to pay in full before I move out to break my lease. My name on the waiting list have been for a year and a half, I’m a single mom. I asked if I could make payments because I don’t have the money to pay all that in full, and pay my new... Read more »
Your manager is correct about you being obligated to move out once you give written notice - he does not have to let you change your mind about either the date or if you are going to leave. He is wrong however about you having to pay any penalty before being able to leave. Make no mistake - you...Read more »
Until I has another place. 3 weeks later the barn and my trailer burned it was a complete loss. He didn't want to fix the electrical problem. So I had to start using a generator for power. That's what started the fire. So they say. He sexually harrased me the whole time I lived on his... Read more »
I am not clear what you are asking. If the property burned, the landlord's insurance (if he does have any) is not likely to cover your property losses - that is what tenant insurance is for. If you had tenant insurance, you should have filed a claim. Same as to your motorcycle. If you do...Read more »
When you say they were evicted, do you mean they were told to leave and did? Or was an eviction lawsuit filed and they lost? Or is a lawsuit still going on? If they voluntarily left, or if they went to trial and lost, it likely is too late to do much. Otherwise they should immediately review...Read more »
Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?
One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which...Read more »
I am having a home placed and issues came up with permits and my move date needed to get pushed back a couple weeks and the manager said “no I can’t make an acception I have no wiggle room your apartment is already rented” I have no where to go with my kids
A landlord can hold you to whatever date you have submitted as your move out date - and, as you note, can rely upon it for re-renting purposes. That said, if you fail to vacate on or before the date specified, the only thing the landlord can do (besides stew, fume, rant, etc.) is file to evict you...Read more »
A landlord has the right to enter the rental dwelling to inspect, do repairs, and to show to prospective buyers or future tenants. There is nothing special about showing to potential buyers - at least 24 hours advanced notice is required unless the tenant agrees to an earlier entry. Tenant does...Read more »
Only if they intend to terminate the tenants tenancy and then, if they have been there more than a year and the property is not within the Portland city limits, only after accepting an offer to buy the property and the buyer certifies that they intend to occupy the property as their primary...Read more »
No, a landlord has no obligation to notify the tenants that he is putting the rental dwelling up for sale. When and if the property sells, then the current owner or the buyer will notify the tenants of where/when to pay their rent to the new owner. IF the new owner wants to move in and live there...Read more »
My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... Read more »
Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to...Read more »
We have lived on property for 15 years there was a landlord tenant relationship with the previous owners though we did not pay a monthly rental. They sold the property January 1st 2021 the new owner does not want to move in to the home ,but refuses to rent to us. The only eviction notice we got was... Read more »
You don't say where you are in Oregon or if you are on a month to month tenancy or a fixed-term lease. You also don't say why there is a landlord-tenant relationship if you are not paying any rent. Regardless, the only way to know anything meaningful is for you to take everything to a...Read more »
It depends where the rental dwelling is and how long the tenant has resided there - more than a year? Statewide requirements are 30 days if there less than a year; 90 days if they have been there more than a year or if the place is in Portland city limits. Do understand that you cannot issue a 90...Read more »
Did you voluntarily move out or did the landlord terminate your tenancy? What Oregon County was the rental in? IF they disposed of your property, you likely have claims against them for your damages - both actual and additional statutory damages. You may have statute of limitations issues.
We moved into a new apartment on May 5 because that's when it was made available. When the mgmt co prorated the rent, they used the number of days in the year formula rather than actual days in the month which makes it more costly. Is this legal in Oregon? Our rent is normally due on 1st. Our... Read more »
Some, but not all, leases specify the formula to be used in calculating daily rent prorations. If it does, then the landlord is locked into using the specified formula. Otherwise, there is no legal requirement as to how to pro-rate daily rent in Oregon and I am used to seeing at least 3 different...Read more »
We are within the 1 year statute of limitations in Oregon. Also, she locked us out of the home after I very clearly told her we were unable to finish moving out and we would be back and forth between towns to finish getting our belongings to our new place. We were not away from the premises for... Read more »
The exact details are critical here to determining whether you have a strong case or perhaps no case at all. Review everything with a local landlord-tenant attorney if you want to find out your specific options, costs, and likelihood of prevailing. Good luck.
Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... Read more »
Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a...Read more »
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