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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord charged me $400 to change the locks because my key was not the right one for my patio door is that legal?

There was no damage to the locks they just did not change them to match my keys before I moved in

Gregory L Abbott
Gregory L Abbott
answered on Jul 12, 2021

Your exact facts are not clear to me but if you returned the same key(s) given you, the landlord has no right to charge you for changing the locks. Separately, $400 seems a steep price for changing a single lock unless there is something special about it. If worth it to you, consider reviewing it... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon refuse a renter for not being vaccinated?
Gregory L Abbott
Gregory L Abbott
answered on Jul 12, 2021

Certainly outside the city limits of Portland; it is less clear in Portland but my guess is ultimately yes. There is nothing so clear cut as a statute forbidding it and why shouldn't they? They are a private party, renting their own property, and there a number of possible fully legal... View More

3 Answers | Asked in Landlord - Tenant for Oregon on
Q: If my landlord fails to fix things at the place I’m renting including power, heat, and floors that are rotted.

And It’s been over 2 years and I suffered a personal injury from one of those issues and I have children in the house and then on top of that the landlord gave us an eviction notice then said never mind we can stay then ten days later they gave us another notice what should I do contact a lawyer... View More

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

No power, heat, and rotten floors? Sounds like you should have contacted a local landlord-tenant attorney long ago. It does appear you may have claims for reduced rent and possibly for wrongfully issued notice, depending upon the facts. None of this may affect the current termination notice but... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I have a new landlord can they raise rent within the first year of owning the property?
Gregory L Abbott
Gregory L Abbott
answered on Jul 6, 2021

Asking the same question in a slightly different way does not change the answer - yes, they can raise rent so long as the tenant is on a month to month tenancy (or at the end of a fixed lease term) and the tenant has not been there less than a year. The prohibition is on raising rent during a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My previous landlords sold our house and our new landlords are wanting to raise rent over 300$ and add on fees. Can they

I have lived in my home for 4 years. My new landlords want to raise the rent over 300$, add on "utility" fees, and pet fees. In which I already paid my previous landlords a pet deposit when I moved in. They are saying they never got it from the old landlords. They are also wanting to... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 6, 2021

9.2% applies just to the rent. IF you paid a pet deposit (and can prove it if necessary), the new landlord is responsible for it. If he didn't get it from the seller, that is not your problem. Pet rent is legal in Oregon but it and a deposit etc. can all be avoided if you simply get a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Ownership changed in 5/21. Because we're technically new tenants, are we protected from rent increases in the 1st year?

I appreciate you taking the time to answer my initial question.

Just wanted to clarify that I'm understanding things correctly.

Although we've lived here for years, because the house was sold and we're technically new tenants to the new owners, they cannot raise our... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 6, 2021

It does not sound as if you have a new tenancy, just a new landlord. The statutory prohibition says a landlord may not raise rent during the first year of tenancy. I believe a Judge would say that was up for you years ago and unless you are on a fixed term lease, a landlord is free to raise your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The house we rent was sold 5/2021. The new owner wants to raise the rent. Are still bound by the 7% + CPI?

They are trying to tell us the rent control law/rules don't apply with new ownership.

Gregory L Abbott
Gregory L Abbott
answered on Jul 6, 2021

I am unaware of any cases on the topic that have been decided by either the Oregon Supreme Court or the Appellate Court. That said, I read the statute to say yes, any new landlord is still subject to the max rent increase - for several reasons. Nothing in the statute speaks to there being any... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How many times is too many times for a landlord to come by in a month?

We're in the process of moving out due to our rental selling. Our landlord has already been over to do upgrades 5 times in the last few weeks and has now sent another notice that they need to come over this weekend to paint the fence. They said it can't wait the two more days after... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 5, 2021

A landlord does not have dictatorial power and cannot simply dictate when they are going to enter your property.

So you simply tell them no, it is inconvenient for them to come by before you are out. If they enter anyway, you tell them to leave and call the police if they refuse to...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord gave 90 day notice to term lease due to owner selling the home since we won't buy it, gave us a 60 day notice

I got in touch with the property manager today and asked when should we give our 30 day notice to vacate since we are buying a different home. We got our 90 day notice May 26th with final move out August 29th. Our lease ends July 29th. They came back with that they made a mistake due to the... View More

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

I am not at all clear whether you intend to move out pursuant to your own Notice and plans or if you are moving pursuant to the landlord's Notice on the date they specify. If the landlord's Notice IS invalid, do you intend to remain? If not, what's the problem?

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: 90 Days eviction notice

The landloard just sent me 90 eviction notice with one month payment check ,claiming he will renovate the apartment ,i need to know my rights can i stay until my lease contract ends on Feb2022,What can i ask for compensation ,and what if i didn't evict after the 90 days .

Thanks

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2021

Much depends upon the exact wording of your 90 day notice and the situation. Normally a landlord could only do a no-cause termination of tenancy with notice if you were on a month to month tenancy, NOT a fixed term (prior to the term expiring). Perhaps your situation is different if there is true... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the process to sell our rental home with a tenant occupying the home but are on month to month in Portland Or?

We currently have a rental home being occupied by month to month and want to sell the home. The current tenant has recently purchased a home and has moved out. What are the process to taking the home back to sell the home if the tenant are now inquiring about a relocation assistance payment and has... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2021

Much depends upon the exact details but relocation assistance is only owed when a landlord terminates a tenancy without cause, refuses to renew a lease, or increases rent beyond specified limits. It sounds as if your tenants are the ones who terminated their tenancy which normally would not... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On month-month lease how many days does a landlord have to give before terminating a tenant.

And if terminating said tenat does there have to be a cause or reason?

Gregory L Abbott
Gregory L Abbott
answered on Jun 24, 2021

It all depends upon how long a tenant has been there; where the rental dwelling is located; whether the termination notice is For Cause or No Cause With Permitted Reason.

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Oregon on
Q: We were never asked to buy the property we have been renting for almost 2 years ...

We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2021

Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Salem or 12 yr daughter depression doc companion pet landlord now said get ríe of it 24 hrs

My daughter has depression cuts her arms landlord knows about this but refuses to let us keep her pet with doc notes and mental Heath doc can landlord force us to get rid of the pet or evict us 24 hr

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

It all depends upon what grounds the landlord is asserting to terminate your tenancy. They cannot terminate it because you have an emotional support animal ("ESA") that has been properly "prescribed". They can, however, require you to remove any specific, particular emotional... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm in Corvallis, OR. Can a LL charge lease break fees with SB 282 in place? The bill doesn't say much about it.
Gregory L Abbott
Gregory L Abbott
answered on Jun 15, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 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

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... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 15, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord kick you out so they can raise the rent

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... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 15, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent out a room in my house in central OR. Are there covid restrictions to evicting a tenant that is not working out?

I am in Deschutes Co. There are personality and lifestyle issues that make it uncomfortable in my home (nothing illegal though).

Gregory L Abbott
Gregory L Abbott
answered on Jun 7, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I qualify for low income housing, I’m trying to break my lease.

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... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 5, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I been living at my house for 1.5year and my landlord has gave me a 30day for cause eviction Can I ask for relocate $
Gregory L Abbott
Gregory L Abbott
answered on Jun 3, 2021

You can ask but relocation assistance is only owed in no cause terminations and only if the landlord is not otherwise exempt.

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