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Oregon Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland OR landlord asking for 3 months rent at time of signing as well as last month's and security deposit. Legal?
Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I challenge a declaration of an inability to pay rent for someone who rents a room in my residence and is employed?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: LL sent 2 unlawful no-cause eviction notices last year I just got a 90 day notice because she’s moving back. Legal?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland. Sublet to roommate, multiple lease violations. Gave 30 day notice to vacate, allowed? Will court even process?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My father has advanced Alzheimer's and is bedridden in the Portland VA hospital waiting for an open hospice bed.

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent month to month my landlord said she’s selling the house and I have 30 days to get out I’ve lived there for eight
Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own a house just outside city of Milwaukie, OR. Renter now over $12k behind and has stopped paying altogether.

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.

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant refuses to leave, can I sue them for all my assoc. expenses including my storage fee since I can’t move into unit

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If the landlord did not provide a tenant with a lease agreement copy, and loses the original copy in the state of Oregon

Does the lease default to a month-to-month contract. There is no evidence of a lease.

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If landlord serves me a 90 day no cause eviction letter. Can I give 30 days notice and not be liable for 60 days rent?

Basically am I liable for 2 months rent?

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's my legal rights in Josephine county Oregon when my landlord sells my house out if spite during pandemic

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

Theressa Hollis
Theressa Hollis
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!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is considered harassment by a landlord?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Josephine county and my landlord sold the property 1 week after my mother died because I didn't have the rent.

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 ?

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hello can landlords charge a cleaning fee when the tenant cleaned too to bottom already? Plus their remodeling the unit?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord turn off my utilities and make me move when my lease expires?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord raise rent during the pandemic moratorium in Oregon?
Gregory L Abbott
Gregory L Abbott
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.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Requesting whether a judge would grant a 24 hour eviction on a tenant. This sounds gross but my tenant put dog poop

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.

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received a 90 day notice - LL wants to sell - via text. I'm current on rent & lease ends in Nov. Can they do this?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: In Oregon small claims trial, phone/ video trial, what if Plaintiff misses a deadline for sending evidence to the court?

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?

Gregory L Abbott
Gregory L Abbott
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

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