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: I have a rent increase notice, my address is on the second line for tenants and the address line is blank. Is it valid?

I got the notice on feb 19, 2019. I know it used to be invalid if the notice was improperly filled out but I want to verify before I speak to my landlord. The first line for tenants has our names, the second line for tenant has our address and our address line is blank. Thank you

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

I know of no requirement that a tenant's address be on the rent increase notice per se, assuming you only rent one dwelling unit from that landlord. Other issues, however may or may not invalidate the notice - amount of increase; when and how much any previous rent raise occurred; how long... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can LL increase rent by 9.5 % w/90 day notice at end of fixed lease w/o triggering relocation per city of Portland?

Last rent increase was 10 months ago going from old fixed term to new fixed term lease.

If current fixed lease automatically defaults to month to month lease, does LL need to sign month to month lease?

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

It depends upon how large the prior rent increase was - a landlord cannot increase rent more than 10% over a rolling 12 month period without incurring the relocation assistance payment obligation in Portland. That said, if the last rent increase was 10 months ago, and they are giving a 90 day... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Received a 90 day eviction notice after being a tenant for 15 years. The only cause is the home needs repairs, rights?

My mother is a veteran and has been a tenant of the same property for 15 years. After recently contacting the property management for a leak in the roof that needed repairs she has been issued a 90 eviction notice. The damages were not her fault but lack of care per the property management. She... View More

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

Assuming Mom is on a month to month tenancy and not within the Portland city limits, the landlord likely has the right to do exactly what you say they have done IF the tenancy is being terminated because the landlord intends to undertake repairs or renovations to the dwelling unit within a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In OR if I give a 90 day notice to a tenant and they gave a 30 day notice does theirs trump mine? Do I pay 1 month rent?

I’m confused with the new law. Does their notice trump mine? Do I need to pay them one months rent like it looks like if you give a tenant notice? Or, do they move out in 30 days and I don’t pay them now?

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

Yes, I think you do owe them the month's rent payment, assuming you are not exempt from having to pay it to begin with. The statute reads that you were supposed to include that payment with your termination notice which, as I understand your posting, occurred before they responded with their... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice am I required to give my landlord if I have lived in a rental over 1 year?

notice to vacate, that is

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

Assuming you are on a month to month tenancy, a minimum of 30 days advanced WRITTEN notice (NOT email, text, etc.). If served by mail, it must be mailed regular first class mail - not Certified - and you must add an additional 4 days, including the day of mailing.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: In Oregon who's responsible for a rodent ingestion in your place the tenant or the landlord?

The manager says it's my responsibility to take care of the I live in a low income government subsidized complex ran by a out of state company

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 16, 2019

Rodent's are a habitability issue, thus the landlord needs to as a general proposition.

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I moved out of a place and didnt wipe out the fridge or pull some screws out of the walls

Does that warrent being charged over 1000 dollars. Its there a consideration for normal wear and tear

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

No, I would not consider wiping out the fridge and removing a few screws (how MANY screws are we talking about?) to justify charging you $1000. That said, one would need to do a careful analysis of the landlord's accounting to determine whether it is worth suing over in court. Consider... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlords give me a verbal 60-day notice? I am currently on a month-to-month verbal lease.

He gave me a verbal 60-day notice,to which I replied with a verbal 15-day notice. I have not been on a written lease in 6 months. I have lived there about a year and 3 months now. When I told him about the 15-day notice, he tried to have me sign a month-to-month lease, which can be broken with a... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 6, 2019

It all depends upon what you mean. Neither your's not your landlord's verbal termination of tenancy notice is valid or enforceable. You would owe a minimum of 30 days prior WRITTEN (not email, text, etc) notice to him and he owes you at least 90 days prior written notice to terminate your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, what is the highest late fee my landlord can demand? My monthly rent is 885.

He has charged anywhere from $50-$360 for 1 month in the past. We have paid 4+ months of rent in 2019 as of March and he is still saying we're over $600 behind. We are a single income family of 7 and it seems that he's taking advantage of what we don't have, just plain greedy. Thank you!

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

It depends upon what sort of a late fee he is assessing - once a month; 5 days late at a time or part thereof; daily; etc. Regardless, in order to charge any late fee, it must be specified in your written rental agreement along with the method and/or amount to be charged and starting upon what... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my manager hasn’t fixed my unit and when I moved in it was infested with rats they’re chewing holes coming inside

If the manager is not keeping this unit livable because there’s been infested with rodents for almost 3 years and I had to bring a cat in to keep the rodents out because the manager is not doing its job I complained so many times and they never fix the problem but now I got a notice because of... View More

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

Your solution should have been to force the manager to comply with his obligations to correct the problem, not break your lease terms to try to do the job yourself. Perhaps a Judge will let you off the hook if it comes to that but that is a true gamble and one which could end up with you being... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need advice for court tomorrow morning

I have been renting a home from a private landlord for 8 years. I was married, but we separated. 2yrs ago I was assaulted by my wife's boyfriend and had a restraining order against her which expired in the summer. She began coming around the house again, and the police said the landlord has to... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 24, 2019

Assuming you are talking about being in landlord-tenant court, be sure the Judge knows you are already out. As long as that is true, the case against you should be dismissed (all landlord-tenant court does is decide who is entitled to possession - the tenant or the landlord. If you are already out... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a notice of rent increase letter in January 2019, but the pet rent was listed incorrectly.

But since the new rent increase law had already passed by the time they answered the letter, and they originally increased the rent 18%, they didn't want to give me a new letter, which would reduce the amount of the overall increase. Instead, they gave a new letter only referencing the pet... View More

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

Ultimately it would be up to the Judge to determine but I think the better argument is that rent is defined to mean "any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was behind 2 months on rent of 1000 a month. Paid 2000 to get current. Landlord trying to charge 250 late fee. Legal?
Gregory L Abbott
Gregory L Abbott
answered on Mar 17, 2019

It depends - there are a variety of legal methods of computing and charging late fees. All, however, require that they first be specified in written rental agreement or they are not valid. Check your lease to see what it says and then, if you still have questions, consult a local landlord-tenant... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My property owner intends to sell and served us a termination of tenancy notice. Am I entitled to relocation assistance?

I received a 90 day termination of tenancy notice from our property management due to the owner wanting to sell the 2 bedroom townhome my roommate and I live in. We lived here for a year on a fixed term lease, and then it moved into a month to month agreement with an increase in rent. We will have... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 16, 2019

First, it depends if your rental dwelling is within the Portland city limits. If so, with the 90 day no cause termination notice should have come not only notice of your rights but also notice of how much you specifically have coming. The amount depends upon how many bedrooms you are renting.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Renting in Oregon. Regarding ORS 90.260. 5 days late. Landlord opting for per-day fee. How does the fee cap work?

Basically trying to make sure all parties are interpreting the statute correctly before I pay.

* Renting a room from a private home.

* Agreement says "a late charge of five percent (5%) of unpaid rent then due"

* Rent is 750 a month.

* Landlord is asking... View More

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

It sounds as if the landlord is trying to charge a per day late fee - which is only legal if that is explicitly specified in the written lease. Even then, a per day late fee charge cannot exceed 6% of a reasonable once a month late fee - i.e. if a reasonable monthly late fee is $100, then the... View More

1 Answer | Asked in Personal Injury, Elder Law, Landlord - Tenant and Libel & Slander for Oregon on
Q: I need an attorney.

I have been accused of violating my lease. They say they have me on camera. I have a signed statement from the man who actually committed the offense. I am 80 and in a wheelchair. I cannot take this harassment anymore. It is adversely affecting my health. I have been in Home Forward for 24... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 8, 2019

It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Regarding new rent laws I received no cause 60 day on Jan 11 outdate isMar 11. Is this still legal?

I am a good tenant here since 2012. Never trouble and pay rent on time. And even have a letter of recommendation from manager here. Yet I received a no cause 60 day notice on Jan11' I am one of about twenty people who have received notices. About three to four every two to three weeks since... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 6, 2019

Assuming your 60 day notice was otherwise fully valid and lawfully served, the new landlord-tenant bill signed by the Governor on Feb. 28 does not invalidate your notice - it applies to those notices issued on Feb 28 or later only.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Milwaukie Oregon - 68% rental increase with “day 1” of the 90day notice being 2/27- day 608 too effect. Is this ok?

Postmarked 2/26 but Iv read that day 1 of the notice is the day after postmark. So if the rental increase notice is started on day 1 - and day 1 is the same day 608 was actually signed and became effective immediately, would it fall as notice before or after law. Basically, is it valid?... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 6, 2019

No one can tell you whether the notice is valid without seeing it but first, the governor signed the bill into law, and it became effective, Thursday, Feb. 28, so if your notice was postmarked on Feb 26, it is not defective because of the date it was issued. If you want to know for sure, you need... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: what are the timelines for for eviction for nopayment of rent? If renter doesn't pay, how long do they have to leave?

Tenant of a month to month agreement had boyfriend move in and he brought an RV, I said I didn't want it here and left it at that cause he's a big guy. He hasn't paid rent in 6 months or more, and now owes me over a thousand dollars in back rent. Everytime I tell him I... View More

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

You need to review everything in detail with a landlord-tenant attorney to determine exactly what remedies you may qualify for and how to best implement them. IF you truly are owed back rent, the remedy is service of a 72 hr notice and evict if not paid or vacated. That is all the a 72 hour... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord raised our rent from 685 to 875 today after the bill passed. Legal or not?

Bill was passed at noon, the notice was placed on our door after 3pm. Definitely more than the 7% allowed.

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

The new law went into effect immediately upon signing today but do realize that it is a 7% plus inflation cap on rent increases.

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.