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Oregon Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord never put weatherproofing on my door for 4 years.my electricity bills have been so high am I owed a %ofmybil

So it’s cold in wint er hot in summer and all heating and cooling is thru electricity.

My bills have always been sky high and I never figured it out until a guest commented on the draft! There’s no weatherproofing around the door! I have been heating and cooling the outdoors which is... View More

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

You may have a claim but it is a bit unclear. The statute requires that the dwelling have "effective waterproofing and weather protection of roof and exterior walls, including windows and doors". Does weather protection mean just keeping the rain out or does it include drafts as well?... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord charge me exterminator fees as a miscellaneous fee added onto my rent?
Gregory L Abbott
Gregory L Abbott
answered on Jan 24, 2019

Asking again doesn't change the answer - IF you are responsible for introducing the bugs to the dwelling, the landlord can charge you to eradicate the vermin. If not, no. But they can only charge the actual cost incurred and not as a "fee" but as damages. If you do not timely pay,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord is going to bring corporate in to my home to look at code violations do they need to give me 24hrs notice

So there is structural failure in my floor and 9 other violations in my home.the landlord sent me an email just now at 7 PM telling me that tomorrow corporate is coming into my apartment to look at them. Can she do this without a 24 hour notice with me at work?

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

Unless you either requested a repair or agreed to the entry, the landlord must provide at least 24 hours advanced notice before entering your home. Further, unless there is a specific provision in your written lease allowing it, email is likely not a valid way to give you 24 hr notice anyway.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: can my landlord charge me an extermination fee in my rent?

my landlord is charging me money as misc in my rent whenever she feels like it last time was for $150 when we have no agreement.

Gregory L Abbott
Gregory L Abbott
answered on Jan 23, 2019

First, anything "extra" a landlord charges you is NOT rent and if not paid is not subject to a 72 Hr. Termination of Tenancy Notice for failure to pay rent. It may be subject to a 30 day for cause termination notice if legitimately owed and not timely paid. Second, a landlord can charge... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: The OSB agrees that I was a victim of the unauthorized practice of law, can I sue the landlord of the guilty party?

The OSB agrees that I was a victim of the unauthorized practice of law and is going after the guilty party for injunction relief and costs, the person had advertised themselves as a paralegal but did work and gave advice beyond what they were allowed, can I sue the landlord of the place where... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 21, 2019

Only if the landlord was somehow involved. But, if I am reading you right, the person just lived there, and in that case, no. You also cannot sue the state because he made money and paid taxes.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What do I do about the deposit a tenant paid..he's leaving and his (newer) roommate is staying.

The first tenant quit his job and hasn't found another, so he's moving out because he can't pay his rent. He didn't pay January's rent and is moving at the end of the month and would like his deposit. That leaves his roommate who didn't pay a deposit. I understand we... View More

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

You simply haven't provided enough information to be able to meaningfully comment. IF both tenants are on the same rental agreement, then the deposit most likely (subject to the actual language in the rental agreement) covers both tenants and is refundable normally only when the last of the... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Q: Can a stepmother pack an adult childs things, change locks & give him five minutes to find a ride to retrieve belongings

My adult half-brother has been living with his stepmother for 16 months with the verbal agreement he does various household duties and gets a job, and to move out when his younger siblings move. His siblings are still there. When he was at work, she text him saying her and her friend packed his... View More

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

He should see a local landlord-tenant attorney immediately. Yes, he has rights and no, step-mother had no legal right to either dispossess him of his property or to oust him from her home without first obtaining a court order.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Can I sue my roommates for renting to me (subleasing) against the terms of their lease?

Portland, OR

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

Not as long as they have not violated any of their landlord duties to you. If and when they do, however, then you may have claims against them.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenants rights, was told and paid to be on a lease to find out we’ve been lied to. Now they want us out.

Went into the situation under the impression we got on the lease after paying off a ton of debt. To find out we are subleasing and the roommates want us out. They don’t have legitimate reason and we keep to ourselves. I don’t know how to go about getting advise or getting out of this situation... View More

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

There is no where near enough information here to be able to advise you of your rights. Like most things legal, the exact details and facts make all the difference since in law you can be 99% right and still lose. Have the roommates given you any sort of written notice? If you are within the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Any precautions you'd advise in ending a six month lease with my tenant at its expiration because of planned rehab/sale?

We'd originally verbally agreed to go month-to-month once the six months were up, but am finding that they are going to be very hard to work with in coordinating repairs/rent reductions etc. Tenant was not aware that the plan was to sell the house, as I hadn't decided to do so at the time... View More

Daniel DiCicco
Daniel DiCicco
answered on Jan 2, 2019

Portland's tenant protection laws are kind of nuts right now. You can read about them here.

https://www.portlandoregon.gov/phb/74544

I believe in your situation that you need to follow the notice provisions to be exempt from paying Relocation Assistance.

See below->...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the new property owner keep partial security deposit?

My old landlord sold the property , a duplex, My contract ended on January 1st 2019, so i recieved a 30 day vacate notice at the end of november from the new owner. With no chance of renewing because he has to move in the unit. So my concern is my security deposit. If he just bought the property, i... View More

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

Assuming your rental was in Oregon, the new owner is both liable for, and entitled to, the security deposit just the same as the old owner was. To the extent that he alleges damages beyond ordinary wear and tear, he may charge you for it and deduct it from your security deposit, so long as he... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: no cause eviction of an illegal rental; can i countersue?

5+ yrs renting, and found out its an illegal rental. I said i would go to the county, and they gave me a notice, hand delivered by someone else, giving an address that isnt correct and says to be out in 30days. I am disabled, and members of this family have threatened me on tape with bodily harm... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 29, 2018

If you have been a tenant at the same place for more than a year, you are entitled to at least 60 days notice to have their no cause termination of tenancy be enforceable (90 days if in Portland city limits). You may or may not have other claims against your landlord but the are not likely to be a... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: In Oregon the landlord denied my wife’s application for tenet . This is after 2yrs living together at mobile home park

I got married 2yrs ago my moved in with me . The landlord has known about this . & now all of the sudden he has refused the rent made us apply together for approval that was denied ? I am the owner he refuses to give a copy of past rental agreement . And information that reason for denial .... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 27, 2018

Consider reviewing everything with a local landlord-tenant attorney. He can't evict you for failing to pay rent without first issuing you a 72 hour notice - and he has to accept rent if paid within that 72 hrs. Further, if he has accepted rent for 3 or more months knowing that your wife was... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my manager enter areas of my apartment other than the one stated on the maintenance request
Gregory L Abbott
Gregory L Abbott
answered on Dec 22, 2018

I don't know that there is case law on the subject but my guess is that a Judge would rule yes, the purpose of the notice is to alert the tenant to the landlord's entry in case the tenant wishes to be present. Presumably the tenant can legally limit the scope of the inspection but must... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can we withhold rent?

Our landlord is expecting us to pay rent. There is no source of heat still even though she promised to have a pellet stove put in upon move in. There is also a massive water leak under the house and no trash receptacle. We have already gave her a letter regarding the heat issue. Can we withhold... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 21, 2018

Your local city or county may have a building inspection program - if so, you might try filing a complaint and seeing if they will send an inspector out to document the habitability violations and potentially fine the landlord until compliance is achieved.

As for withholding rent - bad idea...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 90 Day Rent Increse Notifiction Rules

If a landlord puts a provision in the lease that rent will increase from X to Y at the end of the 1 year term, do they still have to provide 90 days written notice? I am going on my fourth year of being here. It is in Salem so no other rent provisions (such as Portland)

Gregory L Abbott
Gregory L Abbott
answered on Dec 19, 2018

It depends upon the exact wording but if the required information is included, it would seem to be adequate notice. The rule is at least 90 days prior written notice; here they arguably provided 1 year prior written notice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What options do I have?

A friend of mine owns his home and has let me and my kids live there for the last 4 years and all the sudden at the begging of december he tells us we have to move out by the 3rd of Jan. Because he wants to go on vacation to his sisters in california. Can he do that??? What are my options?

Gregory L Abbott
Gregory L Abbott
answered on Dec 18, 2018

It depends upon whether you pay, or ever agreed to pay, rent and thus have a landlord-tenant relationship with the owner. If so, you have all the rights of a tenant meaning he cannot remove you without providing at least 60 days prior written notice and then, if you have not vacated, he has to go... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My tenant signed an agreement to vacate the premises in 30 days. If she does not move as promised, do I have to evict?

I have had several problems with the tenant/room renter. Including her stealing from ,and verbal abuse towards landlord/home owner. Should I start an eviction now? Or is she obligated to leave as agreed upon?

Gregory L Abbott
Gregory L Abbott
answered on Dec 14, 2018

You cannot start an eviction until after the deadline passes and the tenant still remains. Then you must file to evict and evict through the court process or be liable to the tenant for a variety of potential damages, none of them cheap. A court eviction is a technical process that must be... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Moved out in May and got my deposit back in July. I recently received a bill for utilities. Can they bill MONTHS after?

They are asking for over $500. In the lease it also says that we will be billed based on actual amount used. They billed us for a percentage as there is a second "unit" with its own sub-meter that measured usage differently than the meter on the rental home. My wife and I have gone round... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 13, 2018

Well, yes, a landlord can bring claims against you for up to one year after the claim arose. That said, however, it sounds as if you may have multiple claims against the landlord. First, they were obligated to either refund or provide a written accounting for why they were keeping your security... View More

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