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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I agreed to pay water bill as a tenant City adds fees for other things to bill. Do I have to pay that ? or just usage.

Total bill $34.54 My water usage bill $17.04 Fees added $17.50 for : Parks & recreation / Public safety / Street fee / Stormwater / Backflow / Repair & replacement

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

Is the water bill in your name or are you being asked by the landlord to reimburse him for the water bill? If reimburse, there are a variety of legal requirements that the landlord must comply with or be liable to you for monetary damages. If the bill is being issued in your name, then you likely... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Are unpaid late fees cause for eviction?

I have a tenant that has been late with his rent on multiple occasions over his entire tenancy, and has never paid the entire amount of his last month's rent.

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

I am not clear if your rental is in Oregon or Washington. IF in Oregon, you have options. First, you should never accept less than the full amount of rent owed or you risk waiving your right to terminate their tenancy that month for failing to pay all the rent due. As to chronic late paying, you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long does an Oregon landlord have to sue an ex tenant for alleged damages? Landlord provided accounting 90 days late

Rental terminated in fall of 2016. Tenant already has judgment in place for double deposit withheld.

Gregory L Abbott
Gregory L Abbott
answered on Feb 19, 2019

It depends upon exactly what grounds the landlord is suing the tenant but normally there is a one year statute of limitations from the day the potential claims first arose or the landlord became aware of it for the landlord to file suit. After that, even if it is a meritorious claim, it likely is... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Are wikiforms a good resource to use for a lease agreement? I just have one property I am leasing.

I just need a basic lease, and that one seems to cover everything.

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

I am not familiar with wikiforms. You need to use a form that has been drafted by attorneys, specifically for use in Oregon. I recommend MultiFamily NW forms to my clients - I think they are both the best and clearest. Nothing wrong either with Stevens-Ness forms. Both are drafted and maintained... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I get out of a lease if the landlord knew they were selling but didn't tell us before we signed the lease?

We are in Portland, OR. - Multnomah County. We signed it on 12/18 and then the change of ownership happened on 1/18 with only 1 day of notice.

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

As long as the sale of the property was not a foreclosure or tax lien sale, the landlord generally has no duty to disclose to the tenants anything about his business affairs, including selling the rental dwelling. That is because nothing changes for the tenant beyond paying their rent (the same... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Q: I saw marijuana when in my rental house. Can I give them a notice of violations?

As stated on the lease my tenants signed, they cannot have marijuana in any form on the premises.

My handyman was doing work in the house and he saw a huge bag of marijuana on the tenants table. He took a picture of it. Can I use this as evidence that they are breaking the lease?... View More

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

You can always issue a notice of violation. If/when you actually go to court to terminate the tenancy and evict based upon it, however, you will have the burden of proving both violations (the initial which caused the issuance of the notice and the subsequent violation that proves they did not... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I moved into a bouse with a person he is on the lease not me. Does that make him my landlord or the property owner?

He told me in a text he had permission which he did but i am being harrased by him and the property owner now they have changed locks on me locking me out for 4 days the property owner has came into the house giving me a letter saying i was going to be arrested the next day for tresspassing i put a... View More

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

It sounds like you may have claims against both but it all depends upon the exact details and facts. The rules of Justia prohibits attorneys from soliciting clients here or from directly contacting people asking questions here. Rather it is up to you to contact an attorney of your choice to discuss... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant telling me I can only communicate through emails. Can they do that?

I have problematic tenants. They are rude and entitled. They have been causing problems and have been damaging my property. Of course I call or text them to communicate with them. They hate that. So now they are telling me the only way I can communicate with them is through emails. Can they dictate... View More

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

No, they cannot. However, how you can communicate with the tenants regarding legally required notices is likely governed by your written fee agreement. Unless it specifies it, neither email nor text message is a lawful means of giving actual notice to the other party but telephone or voice mail... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: in my apartment I saw and heard 2 maintenance men talking bad about me to city inspectors on my security camera

What can I do? I have heard the manager and the maintenance men talking very bad and completely inaccurate about me before and I wrote an email asking her and them to stop. After seeing them on my security footage not only talking bad to the point the city inspector told them he didn’t want to... View More

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

So far it does not sound as if you have suffered any adverse loss because of these events. People have a right to their opinions, even if they are wrong, and the reality is you are not going to stop gossip.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can renters use up their security deposit while they are still living in the apartment?

I unfortunately picked bad renters for my apartment, even though I thoroughly checked them out.

They are very difficult to deal with. They have caused damages to my property and cause problems which I have to spend money to remedy. These damages, unfortunately are not enough to legally... View More

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

A landlord is free to charge a security deposit for damages that the tenant's are liable for while they are still tenants. He should then immediately bill the tenants the same amount to restore their security deposit to its original amount. If not paid in 30 days, issue a 30 day for cause... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlords friend to give me an eviction notice without cause?

I’m a live in care giver and my landlord is in hospital for health issues and his ex sister in-law gave me a 30 without cause eviction notice. Acting as his legal guardian that she is still trying to obtain guardianship and I’ve spoken with my landlord and he doesn’t want me to leave. I... View More

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

Anyone can act on behalf of a landlord, including issuing termination of tenancy notices, without needing to have a formal guardianship or conservatorship or even a Power of Attorney. They can only do so, however, with the landlord's permission or direction

So if this person has no...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a no cause eviction notice from someone acting as agent of my landlord but after my 90days were up the

Landlord did not pay relocation fees nor for damages caused by a leak in the ceiling from the kitchen which leaked into my room. The landlord was given a violation for the leak from the city. Now the agent is trying to sue me for non payment of rent because I filed a small claims suit against the... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 4, 2019

Hard to see why you would sue in small claims court when normally relocation assistance cases are pretty cut and dried. Either you were entitled or not, either you were timely paid or not. And if you had a high likelihood of prevailing, it is the sort of case an attorney would have likely been... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: I rent 2 rooms in owners home. Given 30 day no cause. He accepted rent for the month, is no cause still legal? Also,

Pay rent on the 10th monthly. He wants us out the 5th. Will he owe us for 5 days?

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

IF you are on a month to month tenancy and have been there less than 1 year, then 30 days notice is the minimum required, presuming the notice was lawfully worded and properly served. If the landlord accepts rent, and keeps it more than 10 days past the listed termination date without any special... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have to sign a waiver for floor work to bring it up to city code in my apartment?

My landlord is trying to force my roommate and I to sign a waiver that says we must move and prep our apartment for construction but the weirdest part is we must sign it so the company isn’t liable if any of my things or my roommates things are broken or stolen.

Is this normal/ legal? Can... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 1, 2019

I cannot think of an instance where you would be required to sign a waiver. One normally does so because it is preferable to the alternatives if it is not signed. At best, it should be open to negotiation and that is likely the real issue here - are whatever concessions the landlord is offering... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Rent increase Portland OR - landlord won't provide written notice

Landlord called Jan 2 to tell me he's raising my rent by more than 25%. He wanted to make it effective Jan 1 but, since I'd already sent out my rent check, he said he'd "do me a favor" and make it effective Feb 1. When I asked about the 90-day requirement in for rentals in... View More

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

It depends upon what you want. You should just continue to pay your normal rent in a timely manner. If the landlord wants to do something about it, it will be his burden to prove that he gave you the required 90 day notice (now required statewide for rent increases). If the dwelling is within the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a commercial Oregon tenant be charged for years of unbilled electric usage if lease requires payment of electricity?

Tenant shares power with other tenants (plus common areas), has never been billed, and is responsible for electricity per commercial lease. No submeters installed and no method for allocating charges described in lease. Can tenant be billed for past years of electric usage if they are provided... View More

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

It depends upon the number of years you are talking about and the exact lease term provisions. The only way to know something is for you to take the lease and bills to a local landlord-tenant or contracts attorney for review.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is considered a substantial change on a lease?

For Portland, Oregon relocation fee ordinance one way to offset the landlord paying the relocation fee is a substantial change in the lease.

I can't find anything information what substantial changes would be. Can anyone give me some clarification?

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

Actually, if you are otherwise subject to the relocation assistance requirements, the payment obligation is triggered if the landlord refuses to renew a lease on substantially similar terms - so any substantial changes in lease terms would make a landlord liable for the payment. As to what... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Am I required to pay reloc assistance to end a month-to-month lease in pdx if I am also ending a property mgt contract?

I have a month to month lease with my tenant in Portland via a property mgt. company that I hired. I would like to have the tenant leave and terminate the contract with the property mgt co. Do I have to pay relocation assistance to the tenant in this case? This is my only rental unit. It would be... View More

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

If the rental dwelling is within the Portland City limits, you may be subject to paying the relocation assistance. There is not enough information here to know if you qualify for any exemption, but because you used a property manager, or that you are terminating that manager, or because you only... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I had to move because the landlord was always showing up trying to make sexual advances toward me

He got so mad because I stopped answering the door and started sending a friend to pay rent he broke in threw a dead cat in there and I got arrested for animal cruelty it was dismissed but I did four days in jail and it was in the news paper I mistreated animals he also stole the house keys and my... View More

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

IF you can prove your allegations, you likely have claims against your ex-landlord. Consider reviewing everything with a local landlord-tenant attorney.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I called the police last night because of my neighbors above me causing so many disturbances

And when I saw my neighbor today she threatened to beat me up if I made a complaint. My landlord has refused to acknowledged my messages letting her know what’s going on. I filed another police report today about the threat. What else can I do?

Gregory L Abbott
Gregory L Abbott
answered on Jan 25, 2019

You need to protect yourself by sending your notice/complaint to the landlord in WRITING - yes, on paper, not just electronically, with a date and signature on it, saving a copy and delivering it either personally or by mail. If mail, it MUST be sent by regular first class mail, NOT certified or... View More

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