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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon do I have to wait for my rental to sell before I can ask owner for moving expenses during this pandemic?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What are my rights as an unauthorized occupant/squatter in Oregon?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have trial for an Eviction this Thursday. Is it possible to go to trial and ask for motion to set aside the day of?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have just been served with papers thru mail delivery a cure or quit demand . I have been living on this property for

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was served a no cause eviction notice that says we need to vacate on a certain date so the owners can move in.

Can they make us leave without a court order?

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Property manager not communicating but my lease is expiring soon—do I still have to pay?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am renting a home and the landlord want to sell. What rights do I have during this pandemic?

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.

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: We are In the process of purchasing a home with renters who don’t want to leave

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?

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord begin to charge a late fee for rent, the 5th or the 6th?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The owner of my house gave me a 90 day termination notice to move november 11, 2020. He wants to renovate the house.

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord give you 90 days to move during the current moratoreum? Plus, are realtors required to wear masks?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My roommate and I own a home in oregon. Who decides if additional people move in

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

Gregory L Abbott
Gregory L Abbott
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.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 90 day Lease termination notice for the landlord planning to move his brother into the house I'm renting.

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?

Gregory L Abbott
Gregory L Abbott
answered on Feb 22, 2021

Challenge? Sure. Win? Not likely.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord legally charge you more in rent, if you have legal dealings against them, and call it a "penalty fee"?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the current moratorium for evictions in Oregon?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to deny inspection to an equity group/ brokerage firm if it puts me at risk for Covid-19?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: My tenant broke his lease, but paid the remaining 3 months rent left on his lease. Am I now allowed to rent the house?

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?

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A landlord wants me to sign a two year lease that has no mention of a break the lease clause in it. Is this legal?

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.

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord serve a 90 day no cause eviction during the moratorium?

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

Gregory L Abbott
Gregory L Abbott
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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