Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Clarification on issue date/date served for an eviction

I was told that evictions on or after April 1, 2020 for no cause are unenforceable. The date of service on the form is the 31st of March but the notice was mailed only.

Is the 31st the applicable date or is it the 4 days after since it was only mailed? I'm trying to figure out if... View More

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

Things that require written notice, such as no-cause termination notices, are technically served on the day they are mailed and the compliance date is extended the 4 days (including day of mailing). That means the landlord likely avoided violating the Governor's moratorium order and thus is... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My tenant on mtm lease gave 30 day notice to end the lease end of March. It is now April, she is still there.

Tenant has been on month-to-month lease and gave appropriate 30 day notice in beginning of March to end lease at the end of March. She did not inform me that she intended to stay past April 1st, but has not left the home as of April 7th. She will not reply to any correspondence (email, call, text).... View More

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

There is little you can do until the Covid 19 crisis is declared to be over. The courts are essentially closed, at least until April 30 and the Governor has suspended most landlord-tenant actions until June 20th. After that whether you can enforce termination notices that occurred during the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A friend moved in with for a few months and moved out . But want come and get her things. What can I do to move it out?

She was only supposed to be here for a few months to save her money to get her an apartment. She moved 3weeks ago and refused to came and get her thing. We had no legal agreement in just one friend helping another friend out. Now refuses to move any of her things out she told me I have to keep... View More

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

You don't say if you were her "landlord" or if both of you had a third person who was your landlord. Either way, you likely can declare her property abandoned and follow the procedures specified in ORS 90.425. Essentially you have to mail her a letter notifying her you consider the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: During the moratorium on evictions what if the eviction is no cause? How will those be handled after the moratorium?

We were served a no cause 30 day within the first year notice. We are requested to vacate by 11:59 on 5/4/2020. I don't think there is a way to enforce it until after the moratorium - correct? At that point what happens? If rent is accepted does that negate the notice?

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2020

It depends upon when you were served (or perhaps when the Notice was issued) a No Cause Termination of Tenancy Notice and possibly where you are located in the State of Oregon. Any such Notice issued on April 1, 2020 or later is unenforceable; unlawful; and technically may be a misdemeanor. No... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: is it true in Oregon, after 3 years an eviction cannot be held against you?

I do not want to apply for an apartment and pay 3 app costs if the wrong information was given to me.

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2020

No - it is 5 years State wide. Within the City of Portland boundaries, as of March 1, 2020 the City "recommends" a three year look back period be used but does not require it, though if more than 3 years is used, a landlord now has more hoops to jump through before legally being able to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What can I legally do to get back in my residence?

Between September 2018- April 2020 I lived with my now ex partner in her apartment and I was never put on the lease. I paid half of the rent and half of all the bills for this whole time. Two weeks ago she decides she doesn't want me to live there anymore and changes the locks without giving... View More

Katherine Goodman
Katherine Goodman
answered on Apr 6, 2020

To give you a satisfactory answer it is important to know who you paid your rent to. Did you pay your rent to your ex-partner or did you pay your rent to the landlord?

You should talk to a local landlord-tenant to discuss your options and determine if you have a case.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can we evict tenant during this covid-19 no eviction order, if eviction has nothing to do with lack of rent.

My cousin is living on my grandmother's property for free, despite not getting the ok to do so. My grandmother has dementia and he made her think he lived down the road and only needed to shower every once in awhile, but would sneak onto her property and stay in an abandoned trailer on the... View More

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

There are many potential issues here. First, if Grandma owns the property, only Grandma or her appointed agent has the authority to have someone removed. If she has dementia, that could be a problem in court unless someone else has her POA or is a guardian or conservator for her. The next... View More

3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke... View More

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

That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have moved out, but I’m still paying rent through my lease. Landlord allowed someone to stay in my room. Break lease?

I live in a house in Oregon, paying rent through the end of my lease. I’ve moved out but still have a few belongings in the room, and I’m still paying rent. Landlord allowed someone else to stay in my room, I have a picture of their bed in my room I’m paying rent for. The lease states I am... View More

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

That would seem to be a landlord's acceptance of your surrender of the premises - and that would terminate any further obligations you have under your rental agreement. If you have already moved out anyway, you cannot be evicted so the only thing the landlord could do is try to collect from... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate continues to bring his girlfriend over to our house even though she has stolen from us. What can I do?

We've kicked her out before but she continues to come into our house. When we tell her to leave she directly ignores us and he continues to bring her here without our permission. She stole a gold necklace from our bathroom and caught her wearing it but we have no physical proof just what... View More

Joanne Reisman
Joanne Reisman
answered on Mar 30, 2020

This isn't a family law problem. This is in the ball park of a landlord tenant or contract issue. You can't control who your roommate invites over. You can report the theft to the police if you think there is sufficient proof that the police will be able to pursue the complaint. You... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have a right to a peacefull place to live? I have a noisy neighbor late at night. Managment won't help.

I have complained in writing at least 10 times by email to the management company about my neighbor in a duplex I live in. They keep giving me the runaround and I've called the police several times. Now the neighbor is harassing my family and I. Still the management company refuses to help.... View More

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

Normally yes, you may have rights to terminate your lease and move penalty free. You also normally have the right to sue the landlord in court for damages and/or injunctive relief (court order to the landlord to do something specific). However at the moment Oregon courts are essentially shut down... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I break a lease for an unchecked cockroach infestation which existed far prior to me living here? Never disclosed.

It has been an intermittent problem which has just amplified in the last month or so. My lease is up March 31. I'm considering staying for April but withholding April rent in order to afford to move, on the grounds that this infestation is UNSANITARY and disgusting. I'm going to have to... View More

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

In Oregon, a landlord has a responsibility to rid rental dwellings of all insect, rodent, and vermin infestations. But the tenant must first provide notice of the problem and allow the landlord adequate time to cure the problem. If a landlord does not, a tenant has a variety of potential... View More

1 Answer | Asked in Business Formation, Civil Litigation, Communications Law and Landlord - Tenant for Oregon on
Q: Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?

The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked... View More

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

A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a fixed-term 18-month lease signed in December 2018 be terminated at the end of the lease without cause?

In Oregon, not within Portland, Bend, or Milwaukie

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

Yes, but only for a "permitted" reason as specified in ORS 90.427 and by following the required procedures including being potentially required to pay the state-wide relocation assistance of one month's rent if the landlord is not exempt.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does a 14 day stand if the the landlord took rent for three consecutive months action was false

02/25/2019 @ apox.10:03 pm of action I was in the Hospital with documents action taken was false?

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

You need to post an expanded, more coherent question. A 14 Day what? 30 Day For Cause Notice w/14 days to cure? Did landlord take rent before or after a Notice of Termination? Exactly what type of Notice was issued? What does "Action was false" mean? Current court status? Have you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: i have an eviction from october of 2016 how long can it be used against me was in washington but now i live in oregon
Gregory L Abbott
Gregory L Abbott
answered on Mar 10, 2020

Prior evictions within the prior 5 years can be considered by potential landlords in deciding whether to accept a tenant applicant; 3 years within the Portland city limits.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I evict a roommate from my house when we had no written lease/agreement?

I allowed a friend to stay in my home for 5 months and 5 months only, while I was away. He has been paying me rent + utilities, but we do not have a signed agreement. Now that I am returning and he has lost his job, he does not want to leave at the agreed upon time. What action can I take to get... View More

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

Assuming you are referring to a rental in Oregon but not within Portland city limits, you must properly terminate his tenancy, either for cause or for no cause. Since your rental agreement was verbal only, it is a month to month tenancy. If you wanted to limit it to a 5 month term, it had to be a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does Oregon's law that landlords return security deposits within 31 days of end of tenancy apply to storage facilities?
Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2020

No. It applies to residential rentals. Storage facilities are commercial leases. You still, however, are entitled to either a refund or an accounting for whatever deposit(s) you made at the beginning of the lease.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord entered my home 2 times without notice and while I wasnt home. What can I do?

I was givena 30 day notice before he entered without permission. He put a bored in my window so that it cant be opened and came in my home looking for such said to be stolen things from the common/shared laundry room. Both times without a 24 hour notice and while I was not home.

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

I am not clear what sort of 30 day notice you were given but regardless, a landlord must provide at least 24 hours advanced notice of their intent to enter unless you otherwise invite them in. The most important immediate thing you can do is to fully document each unlawful entry as fully as you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord force me into month-to-month at the end of my lease? (Lane County, OR)

Lease incl a $250 monthly rent for a wood shop on the property. It had been advertised as optional and is listed separately. I don't want to rent it anymore and I've asked for a lease renewal without it.

Rented bc there was supposed to be a work-trade situation to make some of... View More

Katherine Goodman
Katherine Goodman
answered on Mar 2, 2020

Generally a fixed term lease becomes a month to month at the end of its term. However, you should read your lease agreement for terms of what happens at the end of the fixed term. You should also read the your lease for the terms of vacating as you have to give your notice in writing or within a... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.