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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my landlord isn't renewing my lease in November, and the reason is that she is moving her extended family in.
Gregory L Abbott
Gregory L Abbott
answered on Aug 26, 2019

Ok, so is there a question here?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?
Gregory L Abbott
Gregory L Abbott
answered on Aug 22, 2019

I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?

How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?

Gregory L Abbott
Gregory L Abbott
answered on Aug 22, 2019

It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: I live in Oregon and am under the impression that a landlord cannot charge a monthly 'pet rent' for any animals.

I know service and esa are except from 'pet' deposits and rent.

Gregory L Abbott
Gregory L Abbott
answered on Aug 22, 2019

No, charging pet rent for non-service and non-emotional support animals is legal in Oregon, as is charging increased or a separate pet security deposit. What is not legal is to charge a pet fee.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord is Serving 30 Day Eviction w/ Cause (violation of agreement/ Rule)

How might a tenant Claim in court the Rule is Not applied to All tenants? Landlord Acknowledged on multiple occasions that Another Tenant also violates said rule but has not been required to comply or Vacate.

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

Generally you don't. You and your landlord can enforce the terms of your rental agreement. You have no authority to intervene in an agreement between the landlord and another tenant if you are not a party to that agreement.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A landlord is allowed to access the common areas for yard work if authorized by the lease agreement.

What Recourse is there if these actions are not Stated on the Lease in any form and is currently Ongoing and Excessive Yard "Maintenance"

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

No advanced notice from a landlord is required in order for them to enter a common area. Notice is only required to enter an area where a tenant has the right to exclude others. Since it is a common area, no specific tenant has the exclusive right to exclude from a common area.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My Daughter has autism, Does this mean we have a right to a reasonable accommodation for the house we are renting?

6

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

Assuming her doctor is willing to "prescribe" an emotional support animal, and will give her a letter saying that, her landlord has nothing to say about it and is required by law to allow it and may not charge her anything extra for a security deposit, "pet rent", or any other... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord, is looking to Evict, due to past rent? Then, excepts a lesser amount for payment. Is landLrd liable now?

Tenancy Law OREGON I need to present a case to contest an Affidavit or Declaration of Noncompliance

Gregory L Abbott
Gregory L Abbott
answered on Aug 14, 2019

It all depends upon the exact details and where you are procedural-wise in the process. Your reference to a Declaration of Non-Compliance suggests this already went to court; you and the landlord reached an Agreement which the court accepted; and now the landlord alleges you have not complied with... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, can I sue a property management company for invasion of privacy and emotional distress?

Gave notice to vacate 5 months ago. Since then, PM company brings prospective tenants thru w/24 hr notice. A month ago, I was advised for the 5th time a prospective tenant wanted to view. I informed PM that I was at home recovering from major surgery and would be bedbound. They ignored my email,... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 13, 2019

You were free to deny them entry anytime you wished - even after they were there. You simply tell them to leave and if they do not, you call the police. If the enter despite your telling them no, you may be entitled to recover a month's rent for each such unlawful entry. But do understand... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens if a tenant has paid but decides half a month after the contract, not to move in?

We rented our travel trailer to a person, who signed a month to month lease (effective 8/1), paid a month and was given keys on July 30 (pd 8/2). She notified me that she has decided to say in her current rental and now wants her full rent back. Am I responsible to give her the full rent back? She... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 13, 2019

Once she signed a month to month lease, she owed you at least 30 days written notice in order to terminate her tenancy - and she owed you rent through that 30 days, so I don't see, given your facts, how you owe her a penny back, and she may owe you more, depending upon when/how she notified... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I began renting on June 21 &250$had no room just open area in upstairs living room.july22 gave all 90daynotice. OR.

He wants 300 $ now. Both the other tenants that lived here for almost a year vacated. I was put into a room I didn't request .He said to get me off the floor. The other tenant took futon i was told I could utilize. But he is now saying I'm late with rent which is not true as I began... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2019

You potentially have a variety of issues and claims outlined here, depending upon the exact facts. No, a landlord cannot raise your rent without at least 90 days prior written notice, though if you change rooms or otherwise change what you are renting, there may not be a requirement that you are... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a rental in Hillsboro I am planning to sell. Do I have to notify my tenant before I list it for sale?

Can I wait until I receive an offer contingent upon inspection to notify my tenant?

Gregory L Abbott
Gregory L Abbott
answered on Aug 7, 2019

You don't have to notify the tenant at all, at least until it is time for them to pay their rent to a new owner. If, however, you intend to terminate the tenant's tenancy, then you do have hoops to jump through but even then, you have to have accepted an offer before giving the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a renewal offer/rent increase notice. Is this a legally binding document? There is an error with regards to

My new rent in my favor. When I sign my new lease am I legally obligated to notify them about the error and can they change the amount?

Gregory L Abbott
Gregory L Abbott
answered on Aug 5, 2019

See what the proposed new lease actually says and go from there. To the extent that it is just a scriveners error and both sides agreed to something else, it may simply be able to be amended or reformed. If, however, there was no mutual error and one side is simply trying to change an agreement... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is trying to sell my home. Fine, but she is continually notifying me of needing to enter.

I have to board my dogs or take time off work each time, with little notice, for 3rd party appraisals and tours. I have a standard lease signed in June 2018. Can she continue this indefinitely? Thank you

Gregory L Abbott
Gregory L Abbott
answered on Aug 5, 2019

I don't know what you mean by having a "standard lease" - there is no such thing. Rather there are literally dozens of different lease forms out there, each different from another. That said, the landlord normally has a right to enter so long as they provide at least 24 hours... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: LIVED IN MY RENTAL FOR 10 YRS. WITH ONLY A VERBAL AGREEMENT. CAN MY LANDLORD FORCE ME TO SIGN A NEW WRITTEN ONE.

I LIVE IN OREGON

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

Absent a written agreement otherwise, a landlord can change your rental agreement, including requiring you sign a new written lease, with 30 days advanced written Notice (90 days notice for raising your rent). Your choice is to either agree and comply or move elsewhere.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Security deposit use

I have two rooms in my house that I rent out to tenants. I kept the security deposits in my safe at the house. My wife spent them. I plan on replacing them soon, but is there a legal issue for a renters deposit being spent and am I required to let them know that that happened?

Gregory L Abbott
Gregory L Abbott
answered on Aug 2, 2019

As long as you timely refund the amounts due to the tenants, when they are entitled to a refund, you should be fine. To the extent that you do not, you may be liable to the tenant.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long do I have to pay a past due rent invoice before they can take me to court?

I moved out of my rental after receiving a pay or vacate notice for past due rent. I just received the invoice for what is due and I keep getting texts from the old landlord that I "need to be looking over my shoulder" when it comes to paying her. How long do I have to pay before she can... View More

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

She can sue you anytime she wishes, up to 1 year after the amount first became due. That said, you have no obligation to cooperate with her, such as by providing new contact information to her to help her find you. Then there is the potential issue of her applying any security deposit towards the... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Renting a room in Oregon, current landlord is about to lose ownership of the house. What happens to me?

I have a one year lease. I moved in 8 months ago. I pay 400 a month for 1 room in the house. Landlord had some kind of high risk loan set up and if he misses one payment the house reverts back to the previous owner (at least thats how the landlord explained it)

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

IF you have a term lease with the current owner, any new owner is normally obligated to honor that lease agreement. They may or may not have to re-new the lease when it expires, but the room is likely to be yours until the lease expires. Whether you or the new owner wish to share the rest of the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon how long is a landlord required to keep maintenance records and invoices for repairs. Can I request these?

I am looking to prove that i submitted maintenance requests that the fans in my bathroom and kitchen and dining area were not working and that the landlord did not repair them in a reasonable amount of time and now i have mold growth in my bathroom and also the drywall has deteriorated and is... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 28, 2019

You may well have claims against the landlord or at least potential defenses if the landlord is seeking to hold you accountable for the mold, etc. but the burden of proof is likely to be upon you to show that the landlord knew or reasonably should have known of the habitability problems and did not... View More

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