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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do you have to give eviction notice to a house guest of over 3 years that has not paid any kind of money?

The owner of the home is elderly, having only a couple weeks to live. The owners children will take possession of the home when the owner passes, will the children become the house guests landlord? Do the children have to follow the landlord laws and do they have to follow Oregon eviction laws?... View More

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

The first question is whether there is any sort of landlord-tenant relationship between the "guest" and the home owner. If there is, then yes, all landlord-tenant laws apply. If however, the guest has never paid rent and never agreed to pay rent or to otherwise provide service in lieu... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: This is a follow up question. We signed a 1 year lease that is up in July. We just received a 30 notice.

The document is an Oregon end of Tenancy notice. I think they may have back dated it to get around the Moratorium that the Governor put in place. The document is dated 3-30-20. The 30 day notice is for 5-31-20. and we received it on 4-23-20. Is there anything we can do?

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

You don't say HOW you received it. The date on the Notice does not matter - what matters is when it was served to you. It could only have lawfully been served to you, assuming it is otherwise a lawful notice with the required information, by personally handing it to you (that would then be... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We signed a 1 year lease which is up in July. We just received a 30 day no reason eviction. Can they do this and is it

Enforceable during the state of Oregon moratorium? We know the person who owned the rental and he says that by law he can not do anything about it. Is this true? The owner worked out a payment plan for the deposit with us. He was going to pay the deposit and we would pay him back. The management... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 25, 2020

Management companies work for owners so I am not understanding your posting in general. Owners are not required to take security deposits. Regardless, if it is a no cause termination notice it cannot currently be legally issued to you and should be unenforceable as well as it's issuance being... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am 20 years old and I live with my mom in Oregon. She kicks me out a lot. Is there a law about the days I have to move

I’m just concerned because I’m tired of having to deal with getting kicked out my own home with my little sister an my dog, an she kicks me out over jusy crap, an I leave an come back couple weeks later, she kicked me out last summer when I was 19 and I know at 18 you’re an adult but... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 25, 2020

I am not quite clear what you are asking regarding your now being on a lease. IF there is a landlord-tenant relationship between you (regardless of whether the landlord also has another form of relationship with you - parent, lover, friend, etc.), then only the landlord has the right to try to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Our landlord just told us he's not renewing our lease and we have 2 months to get out. Is that legal right now?

Our lease expires July 1st, and he just sent us an email 3 days ago saying that he's not going to be renewing our lease and he expects us to be out by the date of expiration. We have been living here for 3 years, he does not live on the premises and as far as I know, this is the only property... View More

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

IF you have been there for more than a year, then the landlord MUST provide you at least 90 days advanced written notice that they do not intend to renew your lease and then only for a statutorily permitted reason. It sounds as if you have not gotten at least 90 days advanced notice; any... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent a room from my landlord and her boyfriend everyday and nite they figh violantly breaking everything in there path

Because of the virus I am stuck with them the police have been called the city took over the house and boarded up the windows for 3 months I lost everything leaving me homeless they opened the house up to us a 6 weeks ago and the behavior is worst off I need help the police can't do much... View More

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

It is not clear why the City "took over the house" or why you "lost everything" and were left homeless or particularly why you would return to such an environment after having been removed. Nor is it clear why the virus situation means you "are stuck with them". The... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Q2: Of my landlords just cause 90 day notice to vacate for renovations..I received your response thank you for that.

I received your response thank you for that. I got the notice posted and mailed 01/24/20 5:30pm & need to be out 04/27/20 by 11:59pm, even though it was before the state of emergency was called do I still have rights? Right now as we speak I’m being tested for the virus due to becoming very... View More

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

Relax - the Governor has banned enforcing any evictions until at least after June 20, with that date subject to change as the pandemic develops. After that, it is currently unclear how the courts will treat tenants in your situation, though since there are at least hundreds of them across the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is trying to compel me to find work (temporarily laid off) during the pandemic. Is this menacing?

My husband and I are both temporarily laid off due to Covid-19 and will be rehired when our employers reopen. Rent is late until we receive unemployment benefits/ stimulus. My landlord sent a text message to my husband (at 11pm) saying that she found him a job. This has caused me a great amount of... View More

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

Simply thank her for her efforts but tell her you have made your own plans. Then ignore her and any further intrusions.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I recieved a 90 day no cause evextion and then 2 days later the Corona virus hit and I haven't been able to work

Do I still have to be out in 90

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

You don't say where in Oregon you are; nor the permitted reason for the termination of your tenancy; nor the date you were served. All could arguably make a difference. That said, no one can be kicked out by the court until after June 20 per the Governor's Order (with the date subject... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: On april 17th I got a text message from my landlord saying the house we live in has sold, and gave us 60 day notice

Is this legal. Do we really have to move out through a text message eviction?

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

First, no, any sort of valid termination of tenancy notice has to be in writing (as in on paper), contain all the mandatory information and be lawfully served. Depending upon the exact details, you may be owed at least 90 days advanced written notice.

On top of this, it currently is not...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do you have to pay full rent for the final month of mtm rental if 30 day notice is given in the middle of the month.

I have a month to month rent situation. No contract. I pay rent on the 1st of the month. If I give 30 days notice on the 15th of May, do I have to pay full rent on the 1st of June?

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

No, if you provide a valid and enforceable notice of termination, you only need to pay rent through that last day. In this case, that would mean you need only pay June rent on a pro-rated basis (presumably through June 14 if served on May 15 and is for exactly 30 days).

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon and my landlord gave me a 90 day just cause termination for “renovations”.

Since Covid-19 is a pandemic around the world right now and I have lost money only working part time,can he do this? I feel he’s using it as an excuse since I have been unable to pay the fines from HOA? Since there’s no place to go in Oregon as far as rental goes??

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

IF it is a 90 day notice, for doing renovations, it is a no cause notice and if it was served to you anytime in April, it is both unlawful and unenforceable. No such notice can be given between April 1st and June 20, with the ending date being subject to change as the pandemic becomes clearer.... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a roommate that won't pay his rent, using the corona virus as a excuse. He is still working full time.

How do I get him to leave.

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

The simple answer is you don't. First, who does he pay his rent to? You or the landlord directly? If to the landlord, it is between him and the landlord. If to you, you may legally be his landlord - with all the duties and obligations of any landlord. Next, only a landlord can seek to... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord has put up a for sale sign in the yard and want to show the house tomorrow. Are they allowed to do this?

I’m asking primarily because of covid-19 and we have been sick (untested).

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

Sure they can as long as they give you at least 24 hrs advanced notice before entering. You, however, are also free to say "no, please do not enter" and they have to respect that. Any tenant can always refuse entry to a landlord (or anyone else except police with a warrant) by simply... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Issues with putting in maintenance orders and company marking them as complete without doing anything.

What are my options? We have two months left on the lease. We have had to put multiple orders in for the same thing and we are told by the owner that he did not know and the rental company is telling us that the owner didnt want to fix it. The major complaint is the back deck is rotting away and... View More

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

First, be sure you have documented everything - the habitability violations and your requests for maintenance and yes, document EVERY request you have made (and put future maintenance requests in writing). Try calling your city building code inspectors to see whether they will come inspect and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can landlords start filing fed cases again?

We entered into a settlement with our landlord to ne out by april 15th then this covid 19 sitiation happened and we are unable to move at this point our new house the landlord wont let us move in until the restrictions are lifted. My old landlord wont work with us so what i wanted to know was when... View More

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

At the moment, the courts are essentially closed for civil cases until at least April 30th, subject to extension. The Governor has prohibited law enforcement from evicting anyone for non-payment of rent or without cause until at least June 20, 2020. You say your agreement to move out is based... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Portland and I sent all the proper paperwork to my Landlord regarding Aprils rent, my utility are included in

Rent. I received a notice from PGE addressed to occupant welcoming me to my new home and telling me to call for service, I called to tell them that my landlord was responsible, they said he stopped service in March. What should I do

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

IF you can prove that utilities are included in the rent, and that they are shut off because of the landlord, tell the landlord to immediately fix the problem and/or consider reviewing everything with a local landlord-tenant attorney. That simply is not right. Nor is it lawful.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord just gave me 25 hr notice to enter, however it doesn't state the reason? I know he is

Harassing me, I don't mind letting him in, however I am a little concerned about covid 19 as I have enfasema and have been staying home to be safe

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

Landlords are not required to state a reason for entry when giving 24 hr. notice. You are not required to allow them entry so long as you are not unreasonable in denying it to them. I do not believe any Judge would consider it unreasonable to deny non-emergency entry during the Covid-19 pandemic.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hello, We recently (March 24th, 2020) purchased a duplex in Salem, Or and immediately encountered a problem long term

tennant. on April 7th we posted 72 hour notice of eviction due to lack of rent payment with subsequent eviction filing several days later knowing the case won't be heard until June at least. since rent was due on / before the 1st of April we didn't realize Oreong law required 8 days... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 15, 2020

First, understand that you have arguably committed a criminal misdemeanor by violating the Governor's moratorium on residential evictions. Secondly, ANY error in the contents or service of a 72 hr notice will likely render it defective, void, and unenforceable. If you try, and the tenant or... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord in Portland Oregon wants to give no-cause evictions for ADU during Covid outbreak

when he knows we have zero $ to move due to Covid layoffs.

My girlfriend and I have been living in the basement turned ADU for about 1 1/2 years of a single family home. The home is owned by her ex husband.

She also shares parenting rights with their 3 children who reside upstairs... View More

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

First, a landlord is NOT exempt from paying relocation assistance unless and until he obtains an exemption letter from the Portland Housing Bureau and serves you a copy of it with whatever termination notice he thinks appropriate. Second, IF the rental dwelling is within the City of Portland... View More

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