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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in OR. my landlord is forcing me to submit notice to vacate while denying showing me proof to her validity. ?

Is this allowed? I asked my landlord if she would show me the surveillance footage of my visitor (not me) committing a crime in the lobby of my apartment, just so I can verify that she is telling the truth, before I start packing my items. Not an unreasonable request, right? but she said she is not... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 18, 2020

I also got your phone message - and called back, tried to leave a voicemail but your mailbox is full and not accepting new messages. Much depends upon the nature and seriousness of the alleged violation but no, you don't have to voluntarily terminate your tenancy. Your landlord likely wants... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a landlord demand that we increase our renters insurance to $300,000? We are perfectly fine with the amount we pay.
Gregory L Abbott
Gregory L Abbott
answered on Nov 13, 2020

In Oregon, a landlord can require a tenant to carry up to $100,000 insurance coverage if they jump through the right hoops.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Moved into apt with roommate. 2 months into one year lease agreement, roomate, due to mental issues is now abandoning

Apt to go live with family. Are they still responsible for their half of rent? Can property go after them for rent? Will they evict me if I can't pay their half?

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2020

Yes, the tenant that abandoned the tenancy most likely continues to be liable for the rent, along with you if you both co-signed the lease. Understand in that situation, the landlord has their choice of whom to try to collect the rent from - all from him; all from you; some from each, however he... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oregon on
Q: I am interested in purchasing a home that the seller is indicating the existing tenants need 9 months to remove from

Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2020

It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My rent check was never cashed, property manager didn’t tell me for about 90 days. I moved out, didn’t get my deposit.?

I was told to leave my check with the maintenance dept.

When I was notified over 2 months later it was a short email notice. Not a phone call. Now they want me to talk to my bank about refunding my money. They didn’t tell me the check was not cashed for over 2 months!!!!

Gregory L Abbott
Gregory L Abbott
answered on Oct 28, 2020

Afraid I am not following you. IF a check is never cashed, there would be nothing for a bank TO refund...or, if they cashed it after 2 months, it still should be applied and credited to your rent ledger - so where's the problem there? You reference not getting your security deposit back but... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?

ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 27, 2020

It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott
answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a renewal offer with increase that was not received within 90 days.

The property manager changed the effective date to 12/7 which would cause is to be late on rent as it’s due the 1st. Our lease ends 11/30. Can I tell them to send a new renewal offer without increase as they failed the 90 day law?

The renewal was mailed 87 days and I received 83 days... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 22, 2020

I am not sure I follow but it sounds as if you are on a fixed term lease which expires 11/30/20 and now have gotten a renewal offer with a rent raise while only being provided 87 days notice. And you reference the landlord changing the effective date to 12/07/20. It is unclear how the landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?

Can they force us out because of the sale?

Gregory L Abbott
Gregory L Abbott
answered on Oct 20, 2020

These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is charging a $195 late fee for rent (they cashed my check a day before the check was dated on the 4th)

This was prior to September 30th 2020 and now they sent a letter threatening to send me to collections if the fee isn’t paid within 30 days. Does the current Oregon moratorium not protect me?

FYI, a check to a PO Box via check is the only way the take payment. Otherwise I’d used a... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 14, 2020

You may wish to review everything with a local landlord-tenant attorney since it appears you likely have claims against your landlord for damages. First, it is unlawful to charge, attempt to charge, or attempt to collect a late fee during the Covid pandemic in Oregon. It is illegal for a landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord can’t evict my roommate because rent is being paid. Can I take him to court to evict him? He’s on the lease

He hasn’t paid his portion in 4 months and has no proof of income.

Gregory L Abbott
Gregory L Abbott
answered on Oct 8, 2020

You have no more right to evict a roommate than the roommate has to evict you. Only a landlord or their agent has the power to potentially evict a tenant.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has threatened my life. Can I terminate my month-to-month lease immediately under these circumstances?

Thanks Gregory, I appreciate the response!

Gregory L Abbott
Gregory L Abbott
answered on Oct 6, 2020

You may wish to immediately consult a local landlord-tenant attorney. In Oregon, it is unlawful to record a telephone call if neither party to the call is aware that it is being recorded, so be very careful what you do with that recording. That said, you may well have grounds to get a FAPA... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am month to month and my landlord put my house on the market. Do I have to allow in person showings?

Also, my landlord is asking I take down and put away personal belongings so prospective buyers will like the house more, I am still paying full rent is this allowed? Can I be evicted for not complying?

Gregory L Abbott
Gregory L Abbott
answered on Oct 2, 2020

The landlord has a right to show the dwelling so long as he provides you at least 24 hours advanced actual notice and does not do it so often as to be harassing. You in turn are free to say no to any particular notice but you are not allowed to just issue a blanket "no" to all requests.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord evict me if they put their house on the market?
Gregory L Abbott
Gregory L Abbott
answered on Oct 2, 2020

Not for putting the house on the market. BUT if they accept an offer, they can then give you at least 90 days prior written notice of termination of your tenancy, assuming they jump through the right hoops - showing you a copy of the sales paperwork, pay any applicable relocation assistance, etc.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord deny us going to month to month? They are only offering an annual lease.

our lease is up nov 1st and they have yet to send anything just a text this morning. we would prefer month to month as we are looking to buy.

Gregory L Abbott
Gregory L Abbott
answered on Oct 2, 2020

Assuming you are currently on a annual lease in Oregon, they most likely do not have to offer a month to month option. It most likely is too late for them to raise your rent, at least until sometime in January (90 days advanced written (NOT text, email, etc.) notice required) however. Do read... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord in Oregon raise rent during Covid-19? There's been no changes to renter's employment & salary. Thank you!
Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2020

Of course. The statutory moratoriums are on eviction for failure to pay rent during the pandemic - a tenant is still obligated to pay - or for no-cause terminations. There is no prohibition on raising rent as long as the minimum 90 day notice period is followed, the rent increase does not violate... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is ORS 90.302(2)(e) that landlord can only assess one and half months rent if we vacate without cause enforceable?

Our lease has that clause and we would like to use it. I called the manager - she would not talk to me but had the receptionist tell me that they aren't honoring that provision. I have emailed and expect to get a more detailed response soon, but I am wondering about my rights here.

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2020

It depends upon the exact wording in the lease. Many leases allow the landlord the OPTION of assessing 1 1/2 months rent as a "fixed" penalty for breaking a lease early, but also allow them to go with actual damages instead. You just have to carefully read your lease. Generally... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a 30 day notice to vacate Unit is put in and one of the roommate stills remains in Unit and refuses to leave,

We asked this roommate multiple times to complete the Re-screening process in order to determine if they qualified on their own to take over Rental Agreement, but refused to. This person has caused damage and had the police out the the Unit several times for disturbances. What are our options as a... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2020

First, roommates have no authority to terminate another roommates tenancy unless they are also the landlord. Currently, during Covid 19, landlords may not issue termination notices or otherwise attempt to evict with specified cause and proper For Cause notices. IF the tenant gave a termination... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My lease says if I do not renew at the end of term, the rent will increase by over 10%. Is this legal in Oregon?

My landlord sent me a renewal offer letter on 9/17/20, 90 days before lease expiration, that gives several lease term options to choose from. The 12-month term renewal option comes with a rent increase of just 1.98%. However, the shorter-term lease options, as well as the month-to-month option, all... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2020

I would want to review the lease carefully, and understand the circumstances fully before opining with authority but while the rent cap statute is not fully clear, I think it does prohibit raises over 9.9% in 12 months, assuming the other statutory exemptions do not apply, regardless of changes in... View More

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