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I have already served a tenant with a 30 day no cause eviction notice and it seems as if she plans to wait it out since she has no where else to go. The 30 days expire on the 9th of next month. Do I still collect rent from her on th 1st? And if so do I collect the whole month or a pro rated amount... View More
answered on Dec 12, 2019
You collect the pro-rated rent through the termination date. If they pay the whole month, you refund the rent for the tenth through the end of the month within 10 days of receiving it. If they do not vacate by the 9th, you go to court to evict them.
I have a 5 bedroom house and rent out each room individually on a month to month lease. do I need to give my tenants any kind of formal notice of a new renter moving in other than a basic in person introduction upon new tenant coming over to viewing room for rent, signing lease or picking up keys?
answered on Dec 10, 2019
There is no legal obligation to introduce or notify existing tenants that a new, non-affiliated tenant is moving in. Obviously it is the courteous and likely to help promote general harmony among all but they are all on separate leases so each has no legal interest in any other tenant or their... View More
I own and rent out 4 bedrooms with individual month to month leases of a house that I do not live in. I occasionally need to go inside to collect rent from the tenants or do basic maintenance. I have never entered any of the tenants bedrooms with out proper 24 hr notice. Can i enter the communal... View More
answered on Dec 10, 2019
Generally I believe no advanced notice is required for a landlord to enter common areas so long as they can do so without entering or going through an area under a specific tenant's exclusive control. As for cleaning, that likely depends upon what obligations the lease specifies for the tenants.
We have mold problem in our apartment, and the landlord has told us (through our property manager) that we must switch units so they can make repairs. The unit they want us to switch to is much less desirable because it's location (ground floor right beside the dumpster) has a worse view, less... View More
answered on Dec 10, 2019
You don't say whether this switch is temporary and you move back to your original unit upon completion of the repairs or if this is a permanent switch. If temporary, they likely can do it. If permanent, at best they cannot force you to accept a less desirable unit and they might be liable to... View More
I rent a room and my property manager just sent me a text stating he was raising my rent 20 percent by the first for Jan, 2020. I feel this isnt legal. He also sent me a text saying that he was gonna do maintenance on my door at some time today, and that was all the notice I was getting. This all... View More
answered on Dec 9, 2019
First, ANY rent increase notice must provide at least 90 days notice and be in writing (NOT text, email, etc.), contain the required information, and be lawfully served on the tenant. Further, there is approximately a 10.3% over the past 12 months limit on the amount of rent raise. Further there... View More
I own a duplex -i live in half of it. I let a family member move into the other half, and they verbally agreed to pay rent. There is no signed paperwork. They have not paid a dime. How do I get them out?
answered on Dec 7, 2019
It depends on the exact details. If there is no dispute as to their agreeing to pay rent, and they are at least 8 days late paying, you serve them a 72 hr notice and if they still do not pay, you no longer accept rent and file to evict them in court. Do understand that there are many technical... View More
I rent in Oregon and the property management is based in Idaho. They have neglected to contact us back regarding needed repairs concerning habitability. My husband and I have requested that they provide us with the owner's information so we may discuss issues with them personally. Our unit... View More
answered on Dec 5, 2019
No, the owner has hired and pays the property managers to handle all the tenant issues and has a right to require you to go through them. That said, you can rather easily determine both the name and address of the current owner by checking the property tax records in the Assessor's office.... View More
answered on Dec 3, 2019
No, but why on Earth would you not? It makes everything clearer and tends to make a Judge happier than if there is no time specified. You may also, of course, be responsible for including compliance with any/all relocation assistance statutes and/or Ordinances.
He told me when I initially signed the lease that I could get a roommate to help with the rent, but made no mention of a rent increase if I did. I rented a two bedroom as the sole occupant at the time of the lease signing. He never provided me a copy of my lease, so I don't know if he... View More
answered on Dec 3, 2019
You need to get a copy of your lease as it may list a method for increasing rent during the term. If the lease does not specify a method for increasing the rent, no change in the rent can be made during the fixed term of the lease. However, the maximum amount rent can be raised in any 12 month... View More
Girlfriend/boyfriend tenants moved out. Boyfriend hasn't responded to my email request for who the security deposit check should be issued to. I gather that he moved out some time before she vacated the unit, without informing me. My online payment processing service (Cozy) suggests that the... View More
answered on Dec 2, 2019
You are wise to ask ahead of time! IF both are on the rental agreement, then both names should be on the refund check ("Pay to the Order of John Doe and Jane Doe") with an "and" between the names. Let them sort it out as to who gets how much. If you just guess, or take one... View More
I have a tenant that has not paid rent reliably. I have had to give a 72hr notice before then they paid rent. When I was serving them with the second notice on the 8th the following month they said "Oh I said I was giving my 30 day notice and want you to use my last month rent that is held in... View More
answered on Dec 2, 2019
IF you have a written notice, signed by the tenant, promising to move out by November 30 and they have not, you simply file an eviction lawsuit in your local court. DO NOT accept rent for beyond November 30th or you likely will lose your right to evict under that notice. Do note that... View More
Tenant terminated rental agreement 5 months early. An early termination fee of 1.5X rent is specified in the agreement. A new tenant moved in 2 weeks after the property was vacated. Does the rent collected during this overlap of time reduce the early termination fee charge? Also, is all or... View More
answered on Nov 28, 2019
No, no reduction. It is a flat fee and is the key difference between an early termination fee and no fee. If there is no fee, then a tenant would owe rent until a new tenant took possession, be it shorter or longer than 1 1/2 month's. Without a fee, a tenant does not know what leaving early... View More
My lease ends on 12/7 and I expressed to the property manager I do not wish to renew despite lack of a written renewal option/notice as required by law. I also requested my rental amount due for the first of the month be updated to the correct pro rated amount. The property manager is still... View More
answered on Nov 26, 2019
It most likely depends upon what your lease says. Fixed term leases address termination of the fixed term in a multitude of potential ways, including if neither party renews, it just expires and the tenant is expected to be out. Or it may automatically renew or become a month to month UNLESS one... View More
I live with my landlord. He wants me to move because he has a friend moving to town he wants to live with. He asked me to sign a paper that said I’d be out in 30 days. I wouldn’t sign and reminded him of my right to 90 days. He said I was being unreasonable and that he doesn’t get why I... View More
answered on Nov 26, 2019
Yes, he wants you to sign such a paper precisely to avoid his own potential legal obligations and/or being held accountable for any violations. He wants to manipulate you; avoid his own legal obligations; and you are not being a "good person" for not going along with and helping him in... View More
I did not go to court because the landlord said it was dropped. We signed a new lease and I paid the back rent before the trail. I had no reason not to take her word. She went to the trail and got a default judgment. Now I have 3 days to get out. What can I do
answered on Nov 26, 2019
You need to IMMEDIATELY see a landlord-tenant attorney. In general, you need to go to the court and file a motion to set aside the Judgment against you. If you wait until after the Sheriff removes you, it will be too late. Good luck.
answered on Nov 25, 2019
It is the landlord's duty to fix and repair. Period. IF a landlord can prove a tenant is responsible for causing a problem to begin with, then a landlord can charge the tenant for the repair costs, but regardless the landlord must repair to begin with.
I am a first-time landlord in Oregon. The tenant and I signed a fixed-term lease, and I required first and last month's rent when they moved in. They are now telling me they will be moving out 3 months early. Am I required to refund them their last month's rent that they already paid?
answered on Nov 24, 2019
Yes, unless they still owe rent. If the tenant breaks a fixed term lease, they continue to owe rent until either a new tenant assumes the tenancy and pays the rent or the fixed term expires, whichever comes first. The exception is if your written lease contains an early termination fee (maximum... View More
answered on Nov 21, 2019
Yes, a tenant owes rent to the landlord for everyday they are in possession or through the end of a 30 Day termination notice, whichever date is later.
no bathing, urinates on himself using a heater to dry his cloths. the odor has wafted thru the building and the roaches are out of control. we havee paid to have someone come in and clean, and we have sprayed for roaches , all in vain as he can not maintain his apartment. can we evict him?
answered on Nov 21, 2019
Likely yes if you issue a 30 day for cause termination of tenancy letter. A better way might be to try to get him some help from family members or various public resources for those unable to care for themselves.
When I moved in to my apartment, I put down 12months but the landlord made me change it to 9months 'because it would be easier if I wanted to move to find a place and for them to find tenants in the summer'. When I moved in, they asked to shorten it even further to 7 or 8 months because... View More
answered on Nov 20, 2019
It all depends upon what you and your landlord agree to. You are not obligated to sign an Addendum or to change any lease term; the landlord does not have to let you leave before the end of the lease term without a penalty. The two of you can agree to almost anything different you want, as long... View More
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