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: Tenant has not paid rent, not responding to text. Appears to have moved. Do I have to give notice to enter?

I witnessed them moving belongings. few weeks in the past

Saw them leaving unit 4 days ago

Gregory L Abbott
Gregory L Abbott
answered on Sep 29, 2019

It all depends upon your comfort zone and willingness to take a risk. IF they are actually out, then no, possession has been restored and no notice is necessary for you to enter - it is after all totally your property. IF, however, they are just temporarily gone with the intent to return, then... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Oregon on
Q: Moved in May 2018: can landlord terminate my 12 month lease for Weekend Visitation w/ 7yr old daughter.

I received an email asking whether or not a small child lives in my house. We have we can visitation with my husband 7 year old daughter. Landlord commanded custody agreement paperwork be given to her for her examination. Upon receiving she emailed all responses to her conclusion of terminating... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 29, 2019

Whether a landlord can prohibit further visitation likely depends upon the exact wording of your lease. Even if they can, your posting raises questions as to whether they are trying to terminate your tenancy lawfully. Consider reviewing both issues with a local landlord-tenant attorney to learn... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can owners raise rent as much as they want when tenant vacated?
Gregory L Abbott
Gregory L Abbott
answered on Sep 25, 2019

It all depends upon the details - how long had the tenant been there when he/she vacated? Did the tenant voluntarily leave or was his/her tenancy terminated and if so, for cause or without cause? How old is the dwelling unit? Is/was there any sort of rent subsidy or was the rental otherwise part... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: How do I make the landlord stop harassing me?

I have a 1 year lease and a legally binding upkeep agreement. The landlord has already recorded the condition of the apartment, but wishes to continually inspect it and record its condition during the term of the 1 year lease, except the agreement I signed does not provide for it. I feel... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 21, 2019

Posting the question again doesn't change the answer, even if you do not like it. Your lease does not have to provide for it - by law ORS 90.322 grants the landlord access throughout your tenancy and specifies the limitations on that access. Just because you promised to maintain the dwelling... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I go home?

I sublet my house for 5 months upon returning home today I am told the person at my house dosen't want me there. I still pay the power bill and all my stuff is there.

Gregory L Abbott
Gregory L Abbott
answered on Sep 18, 2019

No one will be able to tell you much without examining the sub-lease and terms under which you sublet. You likely, however, cannot force them out without proper court action and you likely cannot occupy the dwelling as well if you sublet it all or exclusively to the current occupant. You also... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord has given notice to change utilities billing from a flat fee to a percentage during the middle of our lease.

We signed a 1-yr lease in May of this year, and received a 90-day notice of intent to charge a prorated percentage of all utility services, rather than the $85 flat fee which is listed in our lease. Can the landlord make such a change while we are locked into a lease agreement? What if the bills... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 17, 2019

Most likely this is NOT a legally enforceable change to your lease. Then again, the original charge may or may not also be unlawful depending upon exactly what is disclosed in your fixed-term rental agreement. It will likely all come down to the exact wording, timing, and exactly what is being... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it in my rights to have the landlord stop taking inspection pictures of my apartment every three months?

I have lived in the same apartment for a while now in Oregon and the management company recently changed. They placed a notice on the door of their impending first inspection but it makes no mention of photographic recordings. The previous management company did not photograph during inspections.... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 17, 2019

A landlord has a right to inspect their property and to photographically document its condition.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on
Q: Landlord is charging a late fee of 1200 when our rent is only 878

Hello my landlord takes rent off for cleaning work. For the last 6 months he is supposed to clear the dept off of cozy.com this month i told we won't pay the rent till it's cleared. Now he posted a 3 day late fee of 1200 when the rent is only 878

Gregory L Abbott
Gregory L Abbott
answered on Sep 15, 2019

It is a bit unclear what you mean that he posted a 3 day late fee notice. 72 hour notices can only be used for demanding payment of rent - and only rent, NOT including late fees, utility charges, fees, etc. Including non-rent charges in a 72 hr notice renders the notice defective and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a credit on my account that does not include the security deposit. Is that money to be returned to me?

I was wondering how do I request it and if it is to be returned to me how long does the landlord have to return it?

Gregory L Abbott
Gregory L Abbott
answered on Sep 15, 2019

A landlord must either refund all pre-paid rent and security deposit within 31 days of the restoration of possession to the landlord by the tenant. So be sure that the ex-landlord has a current mailing address for you. If they do not timely account for why and how much they are keeping, or refund... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How to sue a landlord in small claims

I was working with a lawyer who recently stopped communicating. He helped me get a letter out to my apartment complex in July which was completely ignored by the management company. How do I go about taking them to small claims or could I resend out the letter with different dates sending one to... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 15, 2019

There may be a variety of reasons why your attorney appears to have dropped pursuit of your case. You can take it to another local landlord-tenant attorney. It offers the added benefit of getting a second opinion on the strength of your case. Or you can file suit on your own in small claims. I... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’ll rephrase. We got our 30 day notice. Got the summons. The copy of the notice is not the notice we got.

So if she submitted an incorrect copy of the eviction notice is that enough to have the case dismissed. Due to the retaliatory nature of the original notice, they served us in a fit of anger and a obviously did not make their own copy but instead tried to duplicate the one we received.

Gregory L Abbott
Gregory L Abbott
answered on Sep 12, 2019

It sounds as if you may have a valid defense. If you want to be sure, review it all with a local landlord-tenant attorney. If they are convinced, they might represent you on a contingency wherein they would defend you without further charge to you. Rather they would rely upon collecting their... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: RV Park eviction notice, then court papers. The notice was a different one than we received. Is that legal?

Would we be able to use that information to nullify the eviction? Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Sep 12, 2019

Asking the same question today as yesterday doesn't change the answer. The notice being relied upon must be attached to the Complaint when it is filed. If that notice was not actually served on the tenant, it may be a complete defense at trial. BUT if there has already been a trial or if the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord gives you an eviction notice and files with the court with a different eviction notice, is that legal?

Does the property manager have to have a license? Eviction is for “no-cause” but is based on retaliation. This is at an RV park in Oregon. We are not residents of Oregon. Thank you

Gregory L Abbott
Gregory L Abbott
answered on Sep 11, 2019

When a landlord files for eviction, they must attach a copy of any Notice being relied upon to justify the eviction. Landlords may, however, serve more than one notice at any point in time so IF the notice he attached to the Complaint was never served on you that could be grounds for your winning... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord evict me because her driver is harrassing me and tampering with my video surveillance cameras
Gregory L Abbott
Gregory L Abbott
answered on Sep 10, 2019

Those are not legally recognized grounds to terminate your tenancy and evict you. WHY that is happening may or may not be adequate grounds but regardless, before being able to go to court to evict you, she will have to serve you with a written notice telling you why she is terminating your tenancy.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can property management raise rent after 5 mnths of agreement, after taking over from private home owners
Gregory L Abbott
Gregory L Abbott
answered on Sep 9, 2019

There is not enough information here to be able to tell you much. Normally rent cannot be raised during the term of a fixed-term rental agreement but can at the end of the rental term. If, however, you are on a month to month tenancy, rent can be raised with at least 90 days advanced written... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can I be given an 72 hour notice for non payment if there was no payment agreement

I live at my aunts property in a mother in law house there is no rental agreement and we have no verbal agreement to pay rent she said she will be giving me a 72 hour notice for non payment can she do that or does she have to give me a 30/60 day notice

Gregory L Abbott
Gregory L Abbott
answered on Sep 3, 2019

Have you ever paid her any rent? If not, she will likely have a very difficult time trying to have a court evict you. Further, a 72 hr notice must specify exactly how much rent you owe - and how does she determine that if there is no agreement on the topic? You don't say how long you have... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Are landlords required to pay for pest control services to remove wasp nests in the yard of a rental property?

The property is in Tidewater, OR. There is no specification in the lease regarding pest control. We have told the tenant that utilizing a self-applied wasp insecticide from a hardware store should be an effective remedy since it is only one nest, & he has refused to do that. We are in Utah,... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 3, 2019

It is a landlord's legal duty to keep the "[b]uildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Are landlords required to give 30/69day notice

I live in Oregon I’ve lived at my aunts house in a mother in law apartment attactched to the shop I’ve lived here for 2.5 years no rental agreement she texted me saying I needed to move out is she required to give me a 30/60+ day notice even without a rental agreement ? Also is her text message... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 31, 2019

It depends upon how precise you are being. IF you truly mean that there is no rental agreement and you don't pay rent but are essentially a guest being asked to leave, no notice to you is required but she would need to ask the court to eject you - and that process can take several months once... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have been at my rental for 2 years, and I just received a notice for me to leave by November.

From what I have read it sounds like they need to give me 3 months notice, and they would have to pay me

1 months rent, since they are moving in family. Is this correct?

Gregory L Abbott
Gregory L Abbott
answered on Aug 27, 2019

If you have been there for more than a year, a no-cause termination of tenancy notice for a month to month tenancy involving a residency on property different than the landlord's own primary residence must provide at least 90 days advanced written notice (NOT email, text message, voicemail,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense ?

I live in a townhouse apartment with over 20 units. I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense, so I can get the chair in and out of my home?

Gregory L Abbott
Gregory L Abbott
answered on Aug 27, 2019

You can request the modification to your home to accommodate your new needs. However you will be responsible for both the cost of building/installing the modifications and for the cost, when you vacate, of restoring the home to it's pre-modification condition.

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.