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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My roommate and I own a home in oregon. Who decides if additional people move in

The home has no mortgage. I have a child. We all live in the home. We were in a long-term relationship but aren't anymore. He wants his new girlfriend and her son to move in

Gregory L Abbott
Gregory L Abbott answered on Feb 24, 2021

I assume you own the home as tenants in common. Any owner has the right to invite others to occupy the unit, so either of you can. If you can't even agree on co-occupants, perhaps being co-owners was not the wisest choice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 90 day Lease termination notice for the landlord planning to move his brother into the house I'm renting.

The document was drafted by a lawyer. The document only states " Landlord" in the notice and does not specifically state my landlord's legal name. I have a verbal agreement with my landlord to rent from him. Could I challenge the notice if the landlord's legal name is not mentioned?

Gregory L Abbott
Gregory L Abbott answered on Feb 22, 2021

Challenge? Sure. Win? Not likely.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord legally charge you more in rent, if you have legal dealings against them, and call it a "penalty fee"?

This is regarding lot space rent in a mobile home park.

My landlord sent out a notice of rent increase, exceeding the allowed 7% per annual legal maximum. In the letter, they stated that we could have a $20 "discount" if:

1. paid within 5 days

2. have a current... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 17, 2021

First, the maximum rent increase in 2021 in Oregon is 9.9% - the 7% is the base cap but you have to still add the annual cost of living percentage as determined by the Federal government every year. That said, a landlord in Oregon may only charge fees specifically listed and approved in the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the current moratorium for evictions in Oregon?

Our lease is up on March 31st and our landlord served us a 90 day notice on January 1st. They sent it via email. They plan on putting the house we're renting up for sale next month. I thought the moratorium would protect us from having to move out but they said it didn't count for us as... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 16, 2021

First, serving you a termination of tenancy notice by email alone is invalid and unenforceable - it is required to contain the specified information and be served to you by either personally handing it to you; mailing it regular first class mail (NOT Certified) and adding an additional 4 days to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to deny inspection to an equity group/ brokerage firm if it puts me at risk for Covid-19?

My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 4, 2021

Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: My tenant broke his lease, but paid the remaining 3 months rent left on his lease. Am I now allowed to rent the house?

I heard you’re not allowed to rent your house before the original lease expires (because you’d essentially be getting double rent). But the former tenant broke the lease of his own choice and paid the remaining rent of his own choice too. Must I keep my house vacant for 3 months?

Gregory L Abbott
Gregory L Abbott answered on Feb 2, 2021

As long as it is clear that the tenant has abandoned or otherwise terminated his tenancy, you are free to re-assume possession and rent it out. IF you rent it out prior to the remaining three months on the ex-tenant's lease, and for which you have been paid in full, you must refund to the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A landlord wants me to sign a two year lease that has no mention of a break the lease clause in it. Is this legal?

My dad is guaranteeing the lease and wants to know if this is legal in Tigard, Oregon. Will he be responsible if I have to break the lease. Isn’t there a maximum amount that we would have to pay like 1 1/2 months rent to get out of it even without the clause.

Gregory L Abbott
Gregory L Abbott answered on Jan 28, 2021

The 1 1/2 month penalty for an early termination of the lease is an option that a landlord may, but is not required to, offer. If there is no such clause in the lease, then the breaching tenant is liable for the continuing rent and re-renting costs, until a new tenant rents the dwelling. Given... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord serve a 90 day no cause eviction during the moratorium?

I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 27, 2021

You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlady purchased a brand new garage motor system with my deposit! Legal?

After a string of car break-ins on my street the garage door remote was stolen from my visor in my car. I immediately reported this to police and to my landlady. Landlady was moving back into the house so I had to move. She asked me if I would just let her purchase the new remote because she would... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 10, 2021

If you are not responsible for the demise of the existing garage remote opening system, you are not liable for the replacement cost. See a local landlord-tenant attorney - you may be entitled to recover twice the amount wrongfully withheld, plus your costs and attorneys fees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can't get my tenant to move after giving her notice that I have sold the house. She has refused to move out .

What can I do to keep from losing my cash buyer? She has been waiting six months to move in. The renter first said she could not find a house to rent. She keeps coming up with excuses why she can't move. She has sited the Covid 19 saying she does'nt have to move now. At first she refused... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 9, 2021

It is not a question of the tenant's convenience, it is a question of whether you have fully complied with the termination of tenancy requirements - written notice containing the required information, lawfully served. If so, you simply file in court to evict. If not, you start over.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My niece and her baby were removed by the sherriff from her house yesterday because of a eviction judgement by default.

She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 22, 2020

Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon, I have a tenant who's lease is ending in March. Can I choose not to renew their lease?

With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.

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

One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: How do I go about requesting an eviction be stayed during an appeal?

I've been told that an eviction judgement can be stayed during the appeals process. How do I go about requesting the stay? I'm mainly asking because I've also been told that the eviction is not stayed during the appeals process.

I will need to file the appeal first thing... Read more »

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

You file the notice of appeal, and the required appeal documents and serve the landlord and the trial court with copies. Your first move should be to review it all with a local landlord-tenant attorney who does appellate work.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there any way in Oregon to stay a eviction judgement?

My landlord gave a for cause notice. There were 5 items that needed to be cured by a specific date. 3 of the 5 items were cured before the notice was even sent therefore well before the cure date.

Long story short we went to trail. The judge dismissed the 2 reasons that weren't... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 18, 2020

Yes, the eviction order may be stayed pending the outcome of an appeal - once an appeal is filed. But if the eviction is enforced before the notice of appeal is filed, you are likely going to be out while the appeal proceeds.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Was never evicted my lock was cut moved somebody else in cop said I have no case how can this be

Do I have the right or do I have time to sue her the cop said there was nothing I can do but I don't believe that this happened in Brooks Oregon she wasn't even the manager and I never got an eviction notice my stuff was all destroyed what she did give me back she kept anything of value... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 18, 2020

Assuming you are talking about residential landlord-tenant (not storage bin lock cut, etc.), then you likely DO have claims against the landlord. First, do not take your legal advice from cops. Second, cops only deal with criminal matters - and the cop here most likely is correct, there likely is... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord fail to maintain property, come by unannounced/ inappropriate hours and charge for work that the state req

Landlord does not do yard, I have no door knob, heater doesn't work and he comes by unannounced and late. The state is charging him for the unpaved driveway and he is trying to charge me.

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

If you have submitted a repair or maintenance request, such as for a door knob or to fix the heater, a landlord may enter without previous 24 hour notice to you within 7 days of the repair request. Otherwise, they need to provide at least 24 hrs notice unless it is a true emergency. If the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Our landlord gave us a 90 day no cause termination of tenancy, can she make us leave if we don't have a place to go?

She sent us a certified letter, and we are trying to figure out a place to go. But it hasn't happened yet. What happens when she shows up on the day we are supposed to be out wanting us out. And our 5 kids

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2020

Whether that is lawful depends upon the reason given in the no cause notice. They can only be given for permitted reasons and only 2 of those reasons are allowed during the pandemic. Plus if she only sent the notice by certified mail, it is unenforceable. Additionally, if she has issued the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We rented a garage from a friend she died, her Aunt wants us out now, with no time to find a place can she do this

my friend died Nov 21, 2020, her Aunt has been badgering us ever since to get out. She is turning off all the utilities, even when we have offered to pay them, our rent was to pay the water sewer and garbage we have paid these bills and people living in the house was supposed to pay the Ele and not... Read more »

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

I am unclear what you mean when you say you are renting a garage. Is this storage or is this residential living there? If residential, not only can Aunt not kick you out or lawfully terminate your utilities, you likely have damage claims against her if she tries. Further, who owns the property?... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Once a tenant has given a 30 day written notice to vacate the property, can they revoke that notice?

If a tenant has followed protocol and given a written 30 day notice to vacate a month to month lease contract can they revoke that notice or do they legally have to vacate unless the landlord allows them to stay?

Gregory L Abbott
Gregory L Abbott answered on Dec 3, 2020

If either side - tenant or landlord - issues a notice of termination, they have no legal right to rescind the notice without the permission of the opposing party. So no, if a tenant gives a written 30 day termination notice, the landlord may rely upon it and enforce it if the tenant fails to leave... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: tenant moved out & and his girlfriend stayed and refuses to leave. She is not on the rental agreement. How do I remove?
Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Depends upon the exact details. Perhaps under ORS 90.403 you could evict her as an unauthorized possessor. If your exact facts don't allow that, you may have to file to eject her instead of evicting her. Regardless, neither are do-it-yourself sort of projects and can prove to be very... Read more »

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