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After a string of car break-ins on my street the garage door remote was stolen from my visor in my car. I immediately reported this to police and to my landlady. Landlady was moving back into the house so I had to move. She asked me if I would just let her purchase the new remote because she would... View More 
answered on Jan 10, 2021
If you are not responsible for the demise of the existing garage remote opening system, you are not liable for the replacement cost. See a local landlord-tenant attorney - you may be entitled to recover twice the amount wrongfully withheld, plus your costs and attorneys fees.
What can I do to keep from losing my cash buyer? She has been waiting six months to move in. The renter first said she could not find a house to rent. She keeps coming up with excuses why she can't move. She has sited the Covid 19 saying she does'nt have to move now. At first she refused... View More
answered on Jan 9, 2021
It is not a question of the tenant's convenience, it is a question of whether you have fully complied with the termination of tenancy requirements - written notice containing the required information, lawfully served. If so, you simply file in court to evict. If not, you start over.... View More
She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... View More
answered on Dec 22, 2020
Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece... View More
With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.
answered on Dec 21, 2020
One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling... View More
I've been told that an eviction judgement can be stayed during the appeals process. How do I go about requesting the stay? I'm mainly asking because I've also been told that the eviction is not stayed during the appeals process.
I will need to file the appeal first thing... View More
answered on Dec 19, 2020
You file the notice of appeal, and the required appeal documents and serve the landlord and the trial court with copies. Your first move should be to review it all with a local landlord-tenant attorney who does appellate work.
My landlord gave a for cause notice. There were 5 items that needed to be cured by a specific date. 3 of the 5 items were cured before the notice was even sent therefore well before the cure date.
Long story short we went to trail. The judge dismissed the 2 reasons that weren't... View More
answered on Dec 18, 2020
Yes, the eviction order may be stayed pending the outcome of an appeal - once an appeal is filed. But if the eviction is enforced before the notice of appeal is filed, you are likely going to be out while the appeal proceeds.
Do I have the right or do I have time to sue her the cop said there was nothing I can do but I don't believe that this happened in Brooks Oregon she wasn't even the manager and I never got an eviction notice my stuff was all destroyed what she did give me back she kept anything of value... View More
answered on Dec 18, 2020
Assuming you are talking about residential landlord-tenant (not storage bin lock cut, etc.), then you likely DO have claims against the landlord. First, do not take your legal advice from cops. Second, cops only deal with criminal matters - and the cop here most likely is correct, there likely is... View More
Landlord does not do yard, I have no door knob, heater doesn't work and he comes by unannounced and late. The state is charging him for the unpaved driveway and he is trying to charge me.
answered on Dec 15, 2020
If you have submitted a repair or maintenance request, such as for a door knob or to fix the heater, a landlord may enter without previous 24 hour notice to you within 7 days of the repair request. Otherwise, they need to provide at least 24 hrs notice unless it is a true emergency. If the... View More
She sent us a certified letter, and we are trying to figure out a place to go. But it hasn't happened yet. What happens when she shows up on the day we are supposed to be out wanting us out. And our 5 kids
answered on Dec 10, 2020
Whether that is lawful depends upon the reason given in the no cause notice. They can only be given for permitted reasons and only 2 of those reasons are allowed during the pandemic. Plus if she only sent the notice by certified mail, it is unenforceable. Additionally, if she has issued the... View More
my friend died Nov 21, 2020, her Aunt has been badgering us ever since to get out. She is turning off all the utilities, even when we have offered to pay them, our rent was to pay the water sewer and garbage we have paid these bills and people living in the house was supposed to pay the Ele and not... View More
answered on Dec 8, 2020
I am unclear what you mean when you say you are renting a garage. Is this storage or is this residential living there? If residential, not only can Aunt not kick you out or lawfully terminate your utilities, you likely have damage claims against her if she tries. Further, who owns the property?... View More
If a tenant has followed protocol and given a written 30 day notice to vacate a month to month lease contract can they revoke that notice or do they legally have to vacate unless the landlord allows them to stay?
answered on Dec 3, 2020
If either side - tenant or landlord - issues a notice of termination, they have no legal right to rescind the notice without the permission of the opposing party. So no, if a tenant gives a written 30 day termination notice, the landlord may rely upon it and enforce it if the tenant fails to leave... View More
answered on Dec 2, 2020
Depends upon the exact details. Perhaps under ORS 90.403 you could evict her as an unauthorized possessor. If your exact facts don't allow that, you may have to file to eject her instead of evicting her. Regardless, neither are do-it-yourself sort of projects and can prove to be very... View More
We have been here 14 years and never missed a month and all of the other 11 tenants pay him early as they have pensions or are a two income household. Its just my husband and I , he works, I do not. Im growing extremely tired of being bugged for rent that is not due yet, not to mention all the... View More
answered on Dec 2, 2020
Depending upon the exact details, it may be a violation of Oregon's Unfair Debt Collection Practices Act to demand payment of a debt that is not yet due.
What if the 3rd Roomate doesn’t want to move out? Can we give notice and remove ourselves from the lease? Or are we responsible for the rent until a new Roomate is found?
answered on Dec 2, 2020
If all 3 of you are on the same lease, any of you can issue the required 30 day termination of tenancy notice. Doing so will legally terminate the lease for all 3, though #3 can always talk with the landlord to see if they can enter into a new rental agreement, with or without new, replacement... View More
I just started as a property manager at my company in August of 2020. My predecessor was bad at sending out renewals on time to fixed term tenants. I have a tenant that's lease expired 10/31/20 and they asked me about it on 10/21/20. Seeing that a renewal was not sent I generated one and sent... View More
answered on Dec 2, 2020
Sure, you can enter into a new lease anytime that both sides/parties agree. That said, no, you cannot lawfully raise rent without at least 90 days advanced written notice. There is no reason, however, the new lease cannot provide for the old rent until 90 days have passed and then have the rent... View More
I received an email from my landlord saying I had 14 days to cure, and that on day 14 they would be doing an inspection. Is this legal? Or do they have to give it to me in person? They cited Covid as the reason for email instead of in person.
answered on Dec 2, 2020
Covid does not change a landlord's obligations - serving solely by email (or text for that matter) is not a lawful way to serve a 30 day for cause termination notice and any attempt to enforce the Notice is likely to fail in court. As to whether it also is a valid method of notifying you of... View More
Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be... View More
answered on Nov 20, 2020
Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold... View More
The landlord has informed us that the water supply to the washing machine in the kitchen is being disconnected. A reason is not being given. The landlord pays for water. Is this legal? Is the landlord required to give me a discount in my rent, since I moved in with the understanding that I could do... View More
answered on Nov 19, 2020
A landlord does not need to provide appliances at all to a tenant. But if they elect to do so, then they are obligated to maintain, fix, repair or otherwise continue to provide the same or better level of service to the tenant throughout the tenancy. So your landlord is free to remove the washing... View More
I am behind on my rent for November due to Covid and I think he is doing it to retaliate. I live in Portland in Multnomah County.
answered on Nov 19, 2020
A landlord has no obligation to provide any appliances. However, if they do provide any, it is their duty to maintain and repair those appliances since they were part of what you're paying rent for. If he refuses to replace them, you likely have claims against him. If your dwelling is within... View More
There are many other issues concerning my home as far as habitable standards like no heat all power is run threw drop cords there is only cold water in the bathroom sink and no hot water at all
answered on Nov 18, 2020
It sounds as if you may have a variety of claims against your landlord for damages. You may wish to consider reviewing it all with a local landlord-tenant attorney to identify potential claims and to create a game plan for how to best proceed. It may also be that a stern letter on attorney... View More
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