The exact details are critical here but as a general rule, there is a 1 year statute of limitations that applies to Oregon landlord-tenant matters. Still, rent is credited first towards the oldest amount due, so legally speaking, you may be one month behind.

It all depends upon what you end up needing to do and how much time it requires. If he will simply voluntarily leave, it shouldn't cost you anything. If not, it first depends upon whether there is a landlord-tenant relationship between you. If so, then you are correct and you would need to... View More

Much depends upon the exact details but you use a 72 hr notice for failure to pay rent and if he fails to pay within the deadline, proceed to file to evict. Drug, alcohol, and violence issues may or may not justify issuing a 24 Hr Notice or certainly a 30 day for cause notice. You will maximize... View More

Not sure what specific notice you are referring to. A pay or quit notice gives a tenant 72 hrs. to pay past due rent. A non-compliance notice is usually a 30 day For Cause notice that a tenant has breached the lease terms in some way - has an unpermitted pet, makes too much noise, violates the... View More

Yes, if more than one tenant is a signer of the lease, ANY of the signers can break the lease with their signature. This is because all of the signers are collectively "the tenant" and thus any one of them can terminate their personal tenancy but in doing so, they also terminate and... View More

IF the tenant is on a month to month tenancy and has occupied the dwelling for less than a year, a landlord can terminate the tenancy without cause with at least 30 days prior WRITTEN notice (NOT email, text message, etc.) that contains the legally required information and which is lawfully served.... View More

It depends upon what the basis of the lawsuit is alleged (and proven) to be. IF you are asking about residential landlord-tenant, and the basis is alleged to arise out of the rental agreement or Oregon's Residential Landlord-Tenant Act (as opposed, say, to allegations of a landlord's... View More

Of course, assuming everything else qualifies. Just because someone is your landlord, it does not provide them any immunity or privilege to act unlawfully. But restraining orders have very specific criteria that must be met in full in order for a restraining order to be issued and/or upheld if... View More

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma.

You can certainly argue that they received the refund as soon or sooner than if you had mailed it on June 30th and thus no penalty should be assessed, but the statute says the landlord shall return it to the tenant not later than 31 days and that generally means 31 days, not 32. Do note, however,... View More

It depends upon the exact details and what you mean by being 1 day late returning the deposit. Does this mean you put it in the mail on day 32? Or personally handed it to them? Did it get mailed on day 31 but not postmarked until day 32? Generally, however, 31 days means 31 days and while you... View More

Let it go. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

Basically it means if the dwelling is less than 15 years old.

I am not quite clear about the exact details here but generally a landlord is liable to utility providers if the tenant fails to pay the bill, even though the bill is in the tenant's name. Assuming that is true in your case, then you cannot be surprised that the utility company tells the... View More

It does not matter when or what you "discussed" - assuming he is not exempt, a landlord may not increase rent during the first 12 months of your tenancy and thereafter must provide you at least 90 days prior WRITTEN notice of the rent increase, lawfully served and containing the mandatory... View More

You don't provide enough information to understand why you believe a 40 day notice may be sufficient or the details necessary to determine exactly what sort of notice is required. Does the cousin intend to live in that unit? Nevertheless, just being added to a mortgage is not a sale. Title... View More

She can try - she will have to give you a legally correct written notice, lawfully served, and then if you fail to pay by the time demanded, she has to file an eviction action in the local court. That will be your chance to defend against it, presumably on the basis that you do not owe her the... View More

You don't say what your current living arrangements are - are you already in possession of the property? On a month to month tenancy? If so, you never are legally obligated to sign a lease. If you decline to do so, the landlord then has to act accordingly, which may or may not be a no cause... View More

Much may depend upon what your lease says - IF you rented the backyard and garage (which you normally would have), they are yours and they have no right to intrude or use either without your express permission. Presumably if you are agreeable, and they want to regularly use them, your rent needs... View More

Most lawyers do not like to answer this kind of "what if" question because there are unknown facts involved and because there are too many possibilities that could happen--depending on the unknown facts.