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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord tried to kick me off property after being one day late on rent. He told me I have a few days. I refused

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... View More

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

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A friend was just evicted from an apt complex in Salem, Or due to her dog being off leash. Is there any recourse?

Animal control had gone out there but did not file a case, as there was no law broken from their perspective. No injury occurred due to this event

Gregory L Abbott
Gregory L Abbott
answered on May 28, 2021

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... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is a 'Move in fee' allowed in Oregon?

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?

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

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month to month if I give a 30 day intent to vacate and then can’t can they make me leave on the exact date I listed

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

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

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... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: So am I required by law to let a new potential buyers in my unit while in contract with the previous owner? thank you
Gregory L Abbott
Gregory L Abbott
answered on May 21, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is property ownership of the aparments property. In clackamas, Gladstone,required to notify the tenants of contact sale
Gregory L Abbott
Gregory L Abbott
answered on May 21, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Apartments owner of property is in contract of sale are they required by law to notify tenants? Before ,while,or during
Gregory L Abbott
Gregory L Abbott
answered on May 21, 2021

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... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

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... View More

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

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Only eviction notice that we have received was from new owners lawyer that said we had 15 days to vacate, in Oregon.

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... View More

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

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have decided to sell our rental. How many days do we allow the tenants to move out ? Our tenant has worked from home
Gregory L Abbott
Gregory L Abbott
answered on May 14, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the timeline to sue for the legal eviction . I was never evicted but all my belongings were moved 12/01/2019

She never took me to court he wasn't even the landlord her ex-husband owned the property I paid partial rent and she accepted it she kept all my items that were of value and destroyed my other items

Gregory L Abbott
Gregory L Abbott
answered on May 14, 2021

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.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can first-month rent be prorated using the 365 days in the year formula?

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... View More

Gregory L Abbott
Gregory L Abbott
answered on May 8, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We were locked out illegally, and unable to access some of our things. What is the best way to get my things back?

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... View More

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

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

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... View More

Gregory L Abbott
Gregory L Abbott
answered on May 3, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling our home. How much can new owner raise our rent?

We have been in the home for 12 years.

Gregory L Abbott
Gregory L Abbott
answered on May 3, 2021

Assuming you are on a month to month tenancy, the new owner can raise your rent the same amount the old owner could - currently 9% over any rolling 12 month period, with at least 90 days prior written notice. If you are on a fixed term lease, then rent likely cannot be raised until after it... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Please letting is know how to legally avoid to pay the reallocation assistance fee to tenant under the below situation?

We are the landlords of a house that has rented to tenant in Portland. The original lease date was on October 01, 2018 to October 01, 2019. After the leasing ended, we renewed the lease with tenant and the lease would end on April 01, 2021. However, on March 15, 2021, we sent to tenant a lease... View More

Gregory L Abbott
Gregory L Abbott
answered on May 3, 2021

You appear to be just racking up potential violations that may come back to haunt you. You don't say what the existing/now expired lease provides regarding renewal but within the City of Portland, a landlord is required to offer a renewal lease unless you meet specific criteria. And in all... View More

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

I'm seeking representation as the tenant (plaintiff) in a Lawsuit Relief Complaint: Injunctive Relief Case in Multnomah County, Oregon. This is a housing matter.

Gregory L Abbott
Gregory L Abbott
answered on May 3, 2021

As a condition of appearing on Justia, attorneys agree not to solicit clients and it is a Q&A forum, not an attorney employment board. You need to simply contact various attorneys you may be interested in discussing the matter with directly and go from there.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I did a walk through of a rental unit and liked it. I signed the lease, but when moving in was given another unit.

I videotaped my walk through of the unit with someone from the Rental management company. My wife and I signed the lease and went to move in a few weeks later. We walked up to the unit only to discover that someone else had moved in. We were in shock. We went around the side and found the... View More

Gregory L Abbott
Gregory L Abbott
answered on May 3, 2021

What did the lease you signed say - did it specify the unit # that you toured or the one you moved into? When you did the walk through - was it represented as being the specific unit or as being representative of the available units? If you videotaped the walk through, listen to the audio... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the owner of my rental give my contact info to the potential buyer to arrange an inspection w/o notifying mgmt comp?

I live in Beaverton, Or. I have lived in this specific rental for 10 years. Always paid rent on time, never had complaints, keep my home in perfect condition. A few months ago I put in a reasonable accommodation to have the owner paint the upstairs due to ghosting from the vents- I have a... View More

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

The current owner or property manager are the only ones that can legally direct you where to submit future communications. It sounds as if you have a fixed term lease that expires in the end of October. If so, the landlord cannot require you to vacate sooner. IF they want you to, and you are... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to sell a rental and understand I can if the purchaser moves in and I give tenant 90 day notice. True?

tenants have lived there for over a year and are on month to month. Looks like I can sell the unit if who ever purchases it moves in, and I give the tenants 90 notice. I know I will have to pay the moving costs Portland makes landlords pay the tenants.

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

Yes, even with the current Covid restrictions, a landlord can sell the rental dwelling if they jump through all the correct hoops. You must first have accepted an offer to buy the property and have the buyer certify that they intend to occupy the property as their primary residence. Then, you... View More

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