Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
I was notified our rental is being put on the market to be sold. Once sold, I may be given 90 days to move. At what point, if any, would The property owner be liable to pay for moving expenses? I read it could be up to one months rent. We are in a pandemic and rentals are scarce so if I have an... View More
answered on Mar 21, 2021
If you are not within the Portland city limits, and your landlord (not just property manager) owns 5 or more rental units in Oregon, then you will likely be entitled to receive one month's rent as relocation assistance with receipt of a valid 90 day Notice of Termination of Tenancy. If within... View More
A year ago, I moved in with my cousin and my parents. My cousin and dad are on the lease; my mom and I are not. My cousin has had issues with my parents and has been threatening to kick them out for months for no reason. I finally stepped in to defend them, and now he’s trying to kick me out too.... View More
answered on Mar 12, 2021
Who issued this notice - the cousin or the master landlord? Do you pay any rent and if so, to whom - cousin or landlord? Depending upon the exact facts, the cousin may have no legal right to terminate anyone else's tenancy. Even if he does, the notice has to contain all the legally required... View More
I am the defendant in eviction court because I have been asked to leave without reason. The landlord has stated that the lease expired and owner did not want to continue a lease. I stayed because I have no home if she makes me leave and I need a valid reason if I am to become homeless. How do I... View More
answered on Mar 10, 2021
Your best move would be to have reviewed everything with an attorney - a single visit would likely evaluate your likelihood of success - before going to court. IF the landlord has an attorney and you do not, you are particularly at a disadvantage. That said, during the pandemic, there are very... View More
I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... View More
answered on Mar 10, 2021
I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... View More
i have lived here for almost 11 years. When i rented the agreement was i could keep my 2 horses and 1 pony here. I only have 1 horse left here and the mud is i believe is why they say there are damages . I havent maintained the house as well as i should but all canbe remedied. They are facing a... View More
answered on Mar 7, 2021
Your termination of tenancy notice should provide you at least 14 days to "cure" the problems or 30 days to vacate. IF you do neither, and they can prove you have created unfixed damage, they can go to court to try to evict you. As for you being responsible for the plumbing and/or the... View More
Can they make us leave without a court order?
answered on Mar 6, 2021
The landlord has to lawfully serve you at least 90 days prior written (NOT text, email, verbal, etc) notice that they are terminating your tenancy. If it is legal and you don't restore possession to the landlord by the specified date, then they can seek a court order evicting you. If you are... View More
I live in an Oregon apartment (Washington County) and pay my rent on time every month. My lease ends on March 31st but I haven’t heard anything from our property manager about renewing, expiring, being terminated—nothing.
I sent a dated note with my most recent rent check (which was... View More
answered on Mar 6, 2021
A fixed term lease that expires and has not been either renewed or timely terminated automatically rolls over into being a month to month rentals agreement. If you are within the Portland city limits, additional rules may apply and a new, fixed term lease might be required. Tenants always owe rent... View More
I’ve been living in for 2 1/2 years with my 14 year old daughter. Last month I reported to the landlord of the leaks in the bathroom. As a retaliation he wants to sell the home. I am currently on Noha who pays my rent.
answered on Mar 6, 2021
While prohibited for a while during the pandemic, currently landlord's are allowed to give a tenant a 90 day written notice terminating their tenancy if they sell the dwelling to a buyer who intends to occupy it as their primary residence. They cannot issue the notice until they have accepted... View More
Current owner has served them a 90 day termination notice. Our realtor is saying that at the 90 day mark they can be removed by the sheriff if they haven’t voluntarily left yet. Is this true? Or would we have to wait the 90 days and then the current owner file for eviction proceedings?
answered on Feb 28, 2021
I hope your realtor knows more about real estate than he does about landlord-tenant law. IF the current owner served a lawfully worded 90 day Notice, and lawfully served it, and the tenants don't leave, then the current owner will have to go to court to evict them - and that could take awhile... View More
I always knew it to be after the 5th of the month, however my new landlord sent a mailing stating due on the 1st on late after the 4th. So I decided to research to see if that changed and I am getting confusing answers. Both Nola and Oregon State Bar states it is after 4 days after rent becomes... View More
answered on Feb 26, 2021
IF your written rental agreement provides for it (and it will specify when rent is late), a landlord can charge the late no sooner than the 5th day after it is due. So if rent is due on the first, with the statutory grace period of 4 days, rent is late and subject to a late fee on the 5th. Many... View More
I believe that was during the metorium? Also he gave me notice for everyone residing in the home to provide $100,000 rental insurance? Besides myself the other people in my home is my 4 kids all under 18 yrs of age. Can he make my kids get renters insurance, when I already have active home... View More
answered on Feb 26, 2021
See a local landlord-tenant attorney. It likely was unlawful to serve you a no cause termination notice for renovating the dwelling and you may be entitled to recover damages. Was insurance specified as being required in your lease? If not, it may also be unlawful, plus all you should need at... View More
Our story is a little long, but our landlord told us we have 90 days to move through a text on the day they listed the house we're renting for sale. As a side note, we've lived here for approx. 3.5 years and have always paid our rent on time.
The second question has to do with the... View More
answered on Feb 24, 2021
First, no termination of tenancy notice can lawfully be served by text or email; ONLY by personally handing the written notice (containing all the required information) to a tenant; by mailing it regular first class mail (NOT Certified) and adding on an extra 4 days, including the day of mailing;... View More
The home has no mortgage. I have a child. We all live in the home. We were in a long-term relationship but aren't anymore. He wants his new girlfriend and her son to move in
answered on Feb 24, 2021
I assume you own the home as tenants in common. Any owner has the right to invite others to occupy the unit, so either of you can. If you can't even agree on co-occupants, perhaps being co-owners was not the wisest choice.
The document was drafted by a lawyer. The document only states " Landlord" in the notice and does not specifically state my landlord's legal name. I have a verbal agreement with my landlord to rent from him. Could I challenge the notice if the landlord's legal name is not mentioned?
This is regarding lot space rent in a mobile home park.
My landlord sent out a notice of rent increase, exceeding the allowed 7% per annual legal maximum. In the letter, they stated that we could have a $20 "discount" if:
1. paid within 5 days
2. have a current... View More
answered on Feb 17, 2021
First, the maximum rent increase in 2021 in Oregon is 9.9% - the 7% is the base cap but you have to still add the annual cost of living percentage as determined by the Federal government every year. That said, a landlord in Oregon may only charge fees specifically listed and approved in the... View More
Our lease is up on March 31st and our landlord served us a 90 day notice on January 1st. They sent it via email. They plan on putting the house we're renting up for sale next month. I thought the moratorium would protect us from having to move out but they said it didn't count for us as... View More
answered on Feb 16, 2021
First, serving you a termination of tenancy notice by email alone is invalid and unenforceable - it is required to contain the specified information and be served to you by either personally handing it to you; mailing it regular first class mail (NOT Certified) and adding an additional 4 days to... View More
My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... View More
answered on Feb 4, 2021
Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,... View More
I heard you’re not allowed to rent your house before the original lease expires (because you’d essentially be getting double rent). But the former tenant broke the lease of his own choice and paid the remaining rent of his own choice too. Must I keep my house vacant for 3 months?
answered on Feb 2, 2021
As long as it is clear that the tenant has abandoned or otherwise terminated his tenancy, you are free to re-assume possession and rent it out. IF you rent it out prior to the remaining three months on the ex-tenant's lease, and for which you have been paid in full, you must refund to the... View More
My dad is guaranteeing the lease and wants to know if this is legal in Tigard, Oregon. Will he be responsible if I have to break the lease. Isn’t there a maximum amount that we would have to pay like 1 1/2 months rent to get out of it even without the clause.
answered on Jan 28, 2021
The 1 1/2 month penalty for an early termination of the lease is an option that a landlord may, but is not required to, offer. If there is no such clause in the lease, then the breaching tenant is liable for the continuing rent and re-renting costs, until a new tenant rents the dwelling. Given... View More
I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... View More
answered on Jan 27, 2021
You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"... View More
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