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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord was told he was not allowed to contact us during the selling of the property we are living is this true

He was told this by the relastate company representative handling the property.

Gregory L Abbott
Gregory L Abbott
answered on Sep 27, 2021

The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a non-refundable pet deposit actually be non-refundable? If it's a deposit, how can it be non-refundable?
Gregory L Abbott
Gregory L Abbott
answered on Sep 27, 2021

Despite many landlords using the phrase for several years, there is no such thing as a "non-refundable deposit". Either it is non-refundable, in which case it is a fee and only specifically listed fees in the Oregon statutes are permitted to be charged (and a pet fee is not one of them)... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved out of a rental. The initial deposit was $800 of which the landlord returned $500.

It has been well over 31 days since we turned the property back over to the landlord. The only “written” itemized accounting we have received was via Facebook Messenger and/or email. It was not personally delivered or mailed.

They have claimed they’re withholding the additional $300... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 22, 2021

You should sue for the $1600. If he wants the $500, let him counter Sue you for it - and prove it in court. That said, you may want to think about having an attorney represent you in regular court instead. The landlord has no incentive to do anything but go to trial in small claims. In regular... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Who makes the determination (if anyone) as to the livability/habitability of one's home?

Please understand that I am not asking whether I have a case or trying to provide any and all relevant details in the hopes that someone "buys" my story. I know that my home does not meet a number of the elements required for habitability (i..e., I cannot cook due to the lack of a vent... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 18, 2021

ORS 90.320 specifies the minimum habitability standards a rental dwelling must meet. Besides seeking monetary damages, you can also ask a Judge to Order a landlord to repair, with severe penalties if they do not. Review everything with a local landlord-tenant attorney.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Portland if a landlord sends someone to do an inspection, can I require them to wear a masking and gloves during?

Have an inspection coming up and I’m worried with COVID know my landlords that they will not follow proper health protocol and I am immuno comprised.

Gregory L Abbott
Gregory L Abbott
answered on Sep 17, 2021

Certainly - you are free to put any reasonable requirements you wish upon anyone wanting to enter your home, just tell them ahead of time. If they don't want to comply, refuse entry. If they try to enter anyway, document it and call the police the same as you would for anyone trying to force... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 10, 2021

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my family is on quarantine for testing positive for COVID 19 can my landlord come in to do a inspection still?
Gregory L Abbott
Gregory L Abbott
answered on Sep 8, 2021

You should deny him entry at least until after the quarantine is finished.

1 Answer | Asked in Personal Injury, Construction Law, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Im victim of arson .fire happen august 2019, fire coming from one of the unit 3rd floor causing the whole building total

Total lost ,is been 2 years now the condo 70% done sudenly there 2 things hapend our porsonal insurance says we have to move out of tenporaly housing.and the unit that cause fire lawyer text us about how much amount that they(farmers) owe us. I dont want answer i need advice

Tim Akpinar
Tim Akpinar
answered on Sep 7, 2021

An Oregon attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and the loss of your home to fire. When you say you want advice, not answer, you may need to consider a consult with an attorney (if you don't have one already, where the attorney... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: (4) A judgment may not be enforced if the plaintiff has accepted rent

My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.

Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2021

The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have tenants that have lived with me for three years in Albany Oregon. For the first year they were on a year lease

Then defaulted to a Month to month. My husband needs the room for his sister, as she has no where else to go. By law can I give them a 30 day notice or does it have to be a 90 day? What are my options?

Gregory L Abbott
Gregory L Abbott
answered on Sep 2, 2021

You have to provide them with a written 90 day no cause termination of tenancy notice that specifies all the legally required information and which is lawfully served upon the tenants. See ORS 90.427

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can 10 people show up for a house showing that we were notice 24 with no. Realtor or owner present and no mask
Gregory L Abbott
Gregory L Abbott
answered on Sep 2, 2021

Of course they can - and you are free to decline them entry or to ask them to leave. If they don't, call the police.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling her duplex. Does she have to pay us our security deposit or does it transfer to new the owners?

Our landlord does not live in the duplex, it's an investment property.

Gregory L Abbott
Gregory L Abbott
answered on Aug 31, 2021

Whomever is the owner when you leave will owe you the security deposit, regardless of whether the current owner has transferred the deposit to the new owner or not.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant who always pays their rent on time, if not early. They are on a month to month rental agreement,

And have not violate any terms of their contract. My husband want to give them a non renewal, but I told him we couldn't because they have done nothing wrong. What can I do, to get them out, because my husband will stop at nothing to get them out, and I don't want to be sued.

Gregory L Abbott
Gregory L Abbott
answered on Aug 30, 2021

It depends upon where the rental dwelling is located and how long the tenants have been there. IF less than a year, you may have a relatively easy path. If they have been there more than a year, there are very limited permitted reasons for a landlord to either terminate an existing tenancy or to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental property does not meet habitability standards at move-in can I legally terminate the lease?
Gregory L Abbott
Gregory L Abbott
answered on Aug 30, 2021

It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can someone that took me in kick me out if I don’t get the vaccine?

They took me and my son in and I am pregnant and they are saying if I don’t get the vaccine then I have to move out. Can they legally do this. In linn county.

Gregory L Abbott
Gregory L Abbott
answered on Aug 26, 2021

It depends on the details - but bottom line is of course they can get rid of you, it is their house! The only question is how soon and how much hassle it will be to do so. The answer to those questions depends on the exact details - how long you have been there; is there any rental agreement... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are our rights here? 90 notice.

Our landlord originally said that he wanted to sell the property and when we refused to have any people come in for showings due to having small children and covid-19 he decided to contact his attorney, which sent us a 90-day notice and a check for 1650.(equal to one month's rent) saying that... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 26, 2021

Substantial repairs requiring a tenant to vacate is a permitted reason for a landlord to issue a 90 day no cause termination of tenancy notice. Assuming the Notice contained the required information and was lawfully served, it likely is valid and likely enforceable. IF you move out and the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 25, 2021

Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Jackson county Oregon renter question

I competed a one year lease and have been month to month for the last 8 months, the landlord is moving out of the US and has hired a property management company to take care of the property. I was told the only way to make sure I wasn’t evicted (because my credit score is under the minimum for... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

As long as you have been there for over a year, a landlord can only terminate your tenancy without cause with a permitted reason - and they are few. Even then they have to give you at least 90 days advanced written notice and possibly relocation assistance if the owner owns more than 4 rental... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Corvallis or. Lease ending during pandemic. What now?
Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

You either renew the lease or move elsewhere. If you do neither, you could possibly face eviction. Covid moratorium rules help protect against being evicted for failure to pay rent - NOT against your staying past the end of your lease without permission.

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