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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I sue a tenant who damaged my property even if there was no lease agreement?

The tenant was renting my house for over 7 years. She left my house unlocked and texted me to say she left for California.

Gregory L Abbott
Gregory L Abbott
answered on Aug 21, 2020

Of course you can sue her if she damaged your property. Finding her to serve the court papers to and actually collecting from her if you get a Judgment may make it impractical but no reason you can't sue her if you wish and are willing to invest the additional time/money in filing a lawsuit.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My son needs an land lord/ tenet attorney. He got a text message saying he had to move or they would move his stuff.

The landlords have brought people to my sons rental to strong arm him, damanded to enter, left people on the property to intimidate him till all hours of night . My son does not have alot of money need some help now.

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

Text messages are NOT lawful notice of termination of a tenancy nor can a landlord lawfully remove a tenant's personal property until after the tenant has vacated and the landlord has provided written notice and opportunity for the tenant to come claim said property. Nor are landlord's... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: My roommate threatened to shoot my dog.

My roommate is afraid of my 11 month old puppy who is mouthy but non-aggressive and my roommate is afraid of him. He threatened to kill the dog and told me he has guns in the house. The landlord is refusing to do anything. Is this considered outrageous in the extreme? I feel very threatened and... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 19, 2020

Maybe it would be outrageous; maybe not. Regardless, only a landlord can try to evict a tenant for outrageous acts, NOT a co-tenant. If you cannot work it out with your roommate, then your option is to terminate your tenancy and move. Do note that you need to provide your landlord with proper... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon. Can I be evicted if I call authorities on someone who is doing illegal work in the park I live in?
Gregory L Abbott
Gregory L Abbott
answered on Aug 19, 2020

No, not legally. However you would have the burden of proof at any trial to prove that the landlord retaliated against you because of your engaging in protected activity, such as reporting unlawful work - and that can be difficult to prove.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, can new owners of a property terminate a preexisting lease early (ie upon their new ownership)?
Gregory L Abbott
Gregory L Abbott
answered on Aug 19, 2020

Assuming you are talking about a residential fixed term lease, the general answer is no - the tenants contracted to be able to stay there through the end of the leasehold period. If you are talking about a month to month tenancy, then the old owner may be able to terminate the lease, depending... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hi there! I am a tenant and my landlord first told me she would return deposit with fees deducted and failed to do so.

I would like to start off by saying my car was stolen on her property and she admitted to letting me live with a very dirty air filter she could have changed before I moved in. Now I have moved out. Place was left in perfect condition within normal ware and tear. I accidentally broke a window pane... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2020

I also question the legality of trying to charge you a "Covid deep cleaning fee". As for the window repair, I understand and also would ask for a copy of the receipt (though there may not be much if the landlord or one of their already employees did the repair work) but understand the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If the last apartment I lived in refuses to give my pet deposit back can I file a civil suit to get my money back?

I lived in an apartment for a 12 month lease. During the 9th month of my stay I adopted a cat and paid an additional pet deposit through the same online portal I paid my rent. I have a signed deposit form with mine and the property manager's signatures. When I moved out the manager said there... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2020

By law, a landlord has 31 days after a tenant restores possession to either fully refund all deposits or provide a written accounting (NOT email, text, voicemail, etc.) for how much they are keeping and why. If they do neither, the tenant is likely entitled to recover a minimum of twice the amount... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can landlords raise rent during pandemic?

I live in a trailer park in albany Oregon and am told rent is gonna be raised in October. Is that legal during a pandemic considering a no eviction thing was passed earlier?

Gregory L Abbott
Gregory L Abbott
answered on Aug 12, 2020

There is a ban on terminating a tenancy without cause and for non-payment of rent during the pandemic. There is no ban on raising rent so long as the other requirements are met - at least 90 days prior written notice, the raise does not violate the statutory maximum, etc.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Im on a month to month lease. How much time do i have to give my property manager of me moving out?
Gregory L Abbott
Gregory L Abbott
answered on Aug 10, 2020

30 days advanced written (not email, text, etc.) notice to the landlord (34 days if notice mailed to landlord, including day of mailing). Written notice must be personally served on property manager/landlord, or by regular first class mail (NOT certified mail), or, if your written rental agreement... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am 18 years old, living w/ parent in Oregon, I do not pay rent. Am I a guest or tenant? Can I be evicted for cause?

I received a 30 day notice (for cause) from my parent saying I am a guest and not a tenant. It says that "in the event that you were determined to be a tenant, pursuant to ORS 90.392, you are in default for your occupancy of the Premises" and "given the nature of these violations you... View More

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

IF you both do not pay rent and have never agreed to pay rent (regardless of whether you actually paid it or not), you likely are not a tenant and, as you note, are then not subject to landlord-tenant laws. If you do not vacate within the 30 days, the only legal option under that notice your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What if your landlord destroyed all your belongings and you were in compliance with the rental agreement?
Gregory L Abbott
Gregory L Abbott
answered on Jul 31, 2020

Then you should consider gathering all the proof and documentation that you can and reviewing it with a local landlord-tenant attorney to see whether you have a strong enough case to sue the landlord for damages.

Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there any Covid restriction on a 90 day landlord cause notice? The reason is I'm moving into my home.

Also, can I offer a monetary incentive like, if you leave by X date I'll pay you X amount, or if by Y date I'll pay you Y amount?

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

A 90 day notice is a no cause termination notice (but which can now only be issued for a "permitted reason". They are currently banned from even being issued due to Covid-19 until at least September 30 and possibly later. You are free, however, to provide a tenant with incentive to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a tenant gets served a 60 days to vacate, do they still pay rent for that 60 days.
Gregory L Abbott
Gregory L Abbott
answered on Jul 27, 2020

Yes, a tenant owes rent for everyday they are in possession of the premises.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If Landlord CAN issue “no-cause” notice after emergency period expires, Tenant cannot rely on grace period for extension

Please clarify: If a Tenant who did not pay rent during COVID emergency period becomes current on rent payments after the emergency period expires, Tenant cannot rely on 6-month grace period to extend tenancy since Landlord can simply issue “no-cause“ termination notice to get Tenant moved out... View More

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

A tenant can rely upon a 6 month grace period to re-pay rent owed and accrued, but unpaid, during the Covid emergency and cannot be terminated/evicted because they have not paid rent during that emergency. A tenant does NOT have a 6 month grace period from being terminated/evicted for any other... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My question was not answered — can landlord STILL evict for no-cause while tenant is catchIng up on back rent?

Tenant is not able to pay rent during COVID emergency but will resume paying rent after emergency period expires. Tenant will also make catch-up rent payments at that time until 6-month grace period expires on 3/31/21. Can Landlord still evict for “no-cause” termination before grace period... View More

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

Your question was answered - you apparently just don't like the answer. "A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant gave notice via text May, he is moving in July, now says Sept 4th. Do we still owe relocation money?

We decided to sell the house after he said he was moving. he then asked us for a 90 day letter. I sent him a notice saying we were confused on his move out date since he kept texting different dates and we would consider from the time of letter 90 days per his request. I also sent him a cure or... View More

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

This is all very confusing. First no termination notice - either from or to a tenant - is valid or enforceable if only sent by text or email. Second, if he is giving notice, why would you send a 90 day notice? Third, issuing a 90 day no cause notice during the Covid crisis is generally unlawful.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Landlord issue no-cause termination notice after COVID emergency ends if tenant hasn't paid rent but starts to pay?

Under HB4213, OR tenant has until 3/31/2021 to cure unpaid rent as long as tenant resumes paying monthly rent that is due after the emergency period expires -- but can Landlord then issue a "no-cause" 30-day or 60-day termination notice if tenant is paying rent after emergency period... View More

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

A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just that - it has nothing (legally) to do with whether the tenant is current on their rent.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m getting a inspection on My rental.Am I legally allowed to ask the tenants to leave the property during that time?
Gregory L Abbott
Gregory L Abbott
answered on Jul 16, 2020

Ask? Of course. Require? Not a chance. Do you want others going through your home when you are not there? Neither do most tenants. Further the tenant has an absolute right to deny you entry as long as they do not do so unreasonably - and good luck in getting a Judge to say a tenant is being... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott
answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott
answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... View More

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