Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
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.
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
answered on Apr 23, 2021
Most likely no. City of Portland limits the amount of a security deposit a landlord may require. Oregon laws prohibit charging of fees except those expressly listed in the law. A security deposit is defined to be a refundable deposit, however otherwise designated. A Fee is defined as anything... View More
He has been employed for most of Covid and received a stack o f unemployment checks for that time. His rent includes all of his bills, so he only pays for his food. He has not paid me any rent since June of 2020. He refuses to move out and refuses to clean. He tries to instgate fight to try to get... View More
answered on Apr 23, 2021
No, part of the Covid moratorium laws re landlord-tenant specify that a tenant's declaration regarding inability to pay rent cannot be challenged in court. But it does sound as if you may have grounds for issuing for cause termination notices - and they are not prohibited during Covid (except... View More
Last summer I first got a 30 day notice and after I sent her info showing it wasn’t legal she sent me a 90 day notice. Still unlawful. I believe she was looking to give whatever legal reason for evicting me so she said she was moving back in. . Some months have gone by and today I got a new 90... View More
answered on Apr 23, 2021
Yes. There was a time under the Covid restrictions when all no-cause terminations were prohibited but no longer. Further, at the moment at least, almost all Covid moratorium restrictions re landlord-tenant law in Oregon are scheduled to expire as of the end of June. Depending upon the details of... View More
Thank you for your help. No cause 30-day notice seems to be unenforceable until after 06/30/21 based on HB 4401. Roommate smoking which is causing health issues for other roommate in same house. Should I give for cause instead? Is 30 days allowed when in the same dwelling unit? I'm subletting... View More
answered on Apr 22, 2021
First, be careful as subletting violates most lease agreements, at least without your landlord's express permission. Most no cause terminations are prohibited during Covid. Most for cause terminations are allowed (except for failure to pay rent) during Covid. The question is whether you have... View More
My uncle has General Durable POA over my father as my mother just passed unexpectedly November 29th 2020 and we need to sell their condo. My uncle is in Tennessee and my oldest son and his girlfriend are living there and she is refusing to leave without an eviction notice. They have never signed a... View More
answered on Apr 21, 2021
Time to review everything with a local landlord-tenant attorney. Depending upon the exact details, you likely will need to file a lawsuit to eject them (as opposed to evicting them). Regardless, neither ejection nor eviction are do-it-yourself projects and are quite technical legally speaking.... View More
answered on Apr 20, 2021
Time for you to review everything with a local landlord-tenant attorney. Your landlord can terminate your tenancy BUT ONLY after having actually accepted a bid and having the buyer certify that they intend to occupy the dwelling as their primary residence. Then, and only then, the landlord must... View More
Does Oregon law allow us to sell the property during COVID crisis? We know penalties for selling may be stiff but have not been able to find out what they may be in our area. Tenant has lived over one year and annual lease is up on June 30, 2021.
Thank you.
answered on Apr 19, 2021
When you say your rental property is "just outside of city of Milwaukie", I am interpreting that to mean it is not within the Portland city limits (Portland rules are different). You are free to sell your home anytime, regardless of Covid. If the buyer wishes to use it as investment... View More
I bought property to use as primary residence and gave tenant proper 90 day notice. With two weeks to go tenant asked for addtl month but I explained that I had to put my belongings into storage pending gaining possession of property and also had a family member who needed to come stay at the... View More
answered on Apr 14, 2021
You are most likely stuck going through the court eviction process. IF they filed an Answer and requested a trial, the winner should get a Judgment against the loser for their court costs and attorneys fees. As for the rest of your expenses, in my opinion you have a poor chance of successfully... View More
Does the lease default to a month-to-month contract. There is no evidence of a lease.
answered on Apr 13, 2021
Technically no since both parties, if asked under Oath, have to admit to there being a written fixed term lease. Beyond that, however, the burden to prove the terms of the written lease rests on the party trying to assert the lease terms. If the other side agrees (such as the lease terminated on... View More
Basically am I liable for 2 months rent?
answered on Apr 10, 2021
You must be on a month to month tenancy to be given a 90 day no cause notice, and it must be for either the landlord to move an immediate family member in or because he has sold the place and the buyer wants to live there as their primary residence. The notice had to have been in writing (no text,... View More
My mom and I have been renting this house sense June 2020. She died on Febuary 18th, 2021 after finding out 3 weeks prior she had cancer. I notified my landlord right away After her death that I lost her income and got on the waiting list for rent assistance and will not have March 2021 rent. He... View More
answered on Apr 2, 2021
I recommend you re-post your question in the Landlord Tenant topic. This does not appear to be an estate planning issue. You could also call the Oregon Law Center to see if they can help you: https://oregonlawcenter.org/
Good luck!
We told our landlord that her text notice to vacate wasn't valid and now she text me that she needs access to "their house" as they put it for two days for about 12 hours total. She says she needs to do repairs while she legally evicts us since we didn't vacate as she requested.... View More
answered on Apr 1, 2021
Arguably a landlord can give at least 24 hrs advanced notice and enter your property to do real repairs. Repairs, however, are different than upgrades, remodeling, etc. and those arguably a landlord cannot do during a tenancy without the tenants agreement. You have waived nothing and are unclear... View More
He notified me that he was going to sell because I lost her income on Feb 18th so I didn't have the rent march 1st he sold the house with in 1 week if it being put on the market. He sent me an email telling me I have less than a month to be moved out . 8s this legal ?
answered on Apr 1, 2021
Yes, and no. An owner is free to sell their house any time. However in order to lawfully terminate your tenancy, the landlord MUST properly serve (only by regular, first class mail (not Certified, etc), in person, or, if your written rental agreement provides for it, by posting the Notice on your... View More
Recently moved out of my apartments where I lived for the past 8 years. Didn’t pay security deposit when I moved in. Instead paid a non refundable deposit which was less soon move in. I never received any remodeling while there for 8 years as they promised. When I moved out I cleaned the... View More
answered on Mar 28, 2021
First, although there was practice for awhile of charging a fee up front and calling it a "non-refundable deposit", there is no such thing. Either it is refundable under some condition and thus is a deposit, or it is non-refundable and a fee. Such fees have been illegal in Oregon for... View More
I've received several emails over the past few months from my landlord stating they are putting our house up for sale this month and that we are to vacate no later than end of month due to lease will be over. They've also sent an email when we asked about the mold issue getting resolved... View More
answered on Mar 26, 2021
Tell him he has not begun to comply with the requirements to lawfully terminate your lease. Then go see a local landlord-tenant attorney regarding potential claims against the landlord. Any termination notice MUST be in writing to be valid - not email or text. Second, the landlord has to have... View More
answered on Mar 25, 2021
As long as the normal rules are followed - adequate, lawful notice; the raise is within the maximum allowed; etc. Nothing in the Covid moratorium prohibits raising rent.
in a bathroom sink that she shares with another tenant in the house (she and other tenant are independent of each other), also threw dog poop onto stairwell and destroyed 4 sets of mini blinds. The tenant lives in the same house as me. The tenant refused to do any clean up.
answered on Mar 24, 2021
Criminal actions are not required in order to be able to terminate a tenancy with 24 hours notice. While true that Judges broadly disfavor 24 hr terminations, they do uphold them in appropriate cases. Whether your situation qualifies is totally up to the Judge to decide but I would think you have... View More
I am worried about finding a new rental in this current market within 90 days. Does the notice have to be mailed or hand delivered? Also, is wanting to sell a justified reason for an early termination within the pandemic? Would they have to pay any moving costs or penalties? Any advice would... View More
answered on Mar 23, 2021
Much depends upon where your dwelling is located and how long you have resided there. That said, email or text is never a lawful means of serving a tenant a termination of tenancy notice and is most likely unenforceable. I interpret your posting to mean that you have a fixed term lease through... View More
If the Plaintiff did not send documents, exhibits to the Defendant 7 days before the video/phone trial, can the Plaintiff enter any evidence on the day of the trial? Should the Defendant object to any evidence presented?
answered on Mar 22, 2021
Yes the defendant should (and likely will) object. The penalty, if any, is up to the Judge. They could go forward anyway; they could dismiss the plaintiff's case for failure to comply with the rules; the judge issue a continuance with instructions to finish the production and come back to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.