Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
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
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
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.
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?
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
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
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
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!!!!
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
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
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
Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease
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
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
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
Can they force us out because of the sale?
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
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
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
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
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
He hasn’t paid his portion in 4 months and has no proof of income.
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.
Thanks Gregory, I appreciate the response!
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
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?
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
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.
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.
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
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
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.
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
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
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
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
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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