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I was living with an Older Gentleman who passed away. I have lived with him in two seperate houses, and i helped move the first place to the new place. I have received mail there and i have the address of the old house on ny current ID and the new address as my mailing address in the Oregon system.... View More
answered on Dec 12, 2018
It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do... View More
We chose this rental house because the contract states that after a year of renting (up in June) we have the option to go month to month. This is ideal for our situation as we look to buy a home. The property manager is raising the rent $100 which is fine but is requiring us to sign and commit (by... View More
answered on Dec 12, 2018
It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the... View More
My roommate and i are both on the lease. He has a friend sleeping in his room most nights for the last 3 weeks. I have told him this is excessive and 1 or 2 nights is fine. This is continuing. I would like this to cease. What are my options? What groups can help? Should I contact my property... View More
answered on Dec 9, 2018
Look at your lease - most leases provide for a limit on how often a guest can stay before it violates the lease and potentially subjects you both to termination. IF it does have such a limitation, and your roommate won't abide by it, then you need to consider the potential impact if you call... View More
Does this violate the lease even though that was a verbal agreement?
answered on Dec 8, 2018
IF adding an air conditioner was part of the rental agreement, it likely is enforceable IF you can prove it (assuming the landlord denies it). Verbal agreements are lawful, enforceable, and binding BUT proving the contents of those agreements is often difficult and/or tricky. See if you can get... View More
Is it legal for landlord to do that and take this fee she wants to charge for using security deposit as last months rent, out of the security deposit. Is that legal for her to do that?
answered on Dec 8, 2018
Sorry but I am not clear what you are saying. Yes, a landlord can take any rent still owed after move out from the security deposit before refunding or accounting for any balance in writing to the tenant within 31 days of move out; and yes, rent is prorated on a daily basis; but I am unclear what... View More
I'm in Multnomah County and I have permission from my landlord to sublet. Can I evict the person legally for not paying rent by the 5th (2 days ago)? If so, is it a 30 day notice? Do I send it via first class mail and also in person with a witness? If this is possible for me to do and they do... View More
answered on Dec 7, 2018
IF the subtenant pays their rent to you (well, is supposed to anyway) you are likely their landlord - with all the obligations and privileges of being such. If they do not pay their rent by the 8th day of the month (assuming it is due on the 1st), you can/should issue a 72 hour Termination of... View More
Landlord and property manager since start of lease 4/25 have not fixed or repaired things including having a locking back door and drinkable water, plus a bunch of other stuff required under law. Sent letter demanding action, got an eviction notice, went to court they had attorney who wanted... View More
answered on Nov 30, 2018
Some leases provide for mandatory mediation. Beyond that, many attorneys try to resolve the issues rather than just have the case dismissed only to be re-filed and everyone back in court again a few weeks later. It also can be, of course, merely a stall tactic. If you have qu
answered on Nov 29, 2018
Not enough information to know. What sort of notice did he give to evict her? Are you named in the notice as well? Is your name on a rental agreement? Or perhaps neither you nor she paid rent at all - in which case he did not evict her but possibly could have ejected her (same end goal as... View More
answered on Nov 27, 2018
Yes, as long as they do not do so with such frequency as to interfere with your right to quiet enjoyment (while there is no firm rule, I would argue that showing it more than 2X a week is excessive - and that may even be excessive - but in the end, it is up to the Judge) and they provide you at... View More
answered on Nov 26, 2018
In order for a termination of tenancy to be lawful, it must be in writing and legally served (in person, by mail adding at least an additional 4 days including the day it is mailed, or, if your written rental agreement provides for it, by both posting it on the recipients door and mailing it (no... View More
My tenants lease doesn't end until July 31, 2019. They gave me a 30 day notice starting today, does this mean I prorate their rent in December?
answered on Nov 25, 2018
No, likely not. Much depends upon what the lease says about early termination. Generally there are 2 options - they keep paying rent and associated costs to re-let until a new tenant replaces them and starts paying the rent or their lease term ends (apparently July 31, 2019), whichever comes... View More
Stopped paying rent and owe 3 months back rent plus late fees. They left behind a dog, a car, 2 cats and a bunch of stuff. I gave them notice about items being abandoned 2 weeks ago. When can I take back my house? I want to sell the car and other junk to help pay for storage fees, back rent and... View More
answered on Nov 25, 2018
Unfortunately, no one can definitively answer your question without reviewing all the facts and details in person; seeing you 90 day notice etc. BUT if they truly abandoned their tenancy; AND you have fully complied with the abandoned property notice requirements specified in ORS 90.425; then you... View More
we have a lease.
answered on Nov 24, 2018
I recommend you simply set up a separate savings account and pay your monthly rent into it until things sort out. You will continue to owe it to his estate, it is just that at the moment no one has authority to represent or administer his estate. If (when) someone does - and they provide proof that... View More
Landlord took out a 60 day notice because I took out a stalking order against his girlfriend a few days after she received it - - landlord named my room mate as the tenant on the 60 day notice order to terminate we are both tenants - have been for 5 years - so I suppose my question is - Is... View More
answered on Nov 21, 2018
Retaliation is an extremely difficult claim for a tenant to win. Essentially you have to prove that the landlord had no other, legitimate, basis for terminating your tenancy - and it is a rare situation or landlord that cannot come up with SOME other reason they wanted their dwelling back. You... View More
My Room mate received a 60 day notice to terminate - the notice states his name and "all other occupants." We are both tenants - meaning the landlord rented to both of us almost 5 years ago. Should the notice name both tenants? There is not a written rental agreement - we rented without... View More
answered on Nov 21, 2018
It would have been good form to include you specifically by name but I do not think the landlord's failure to do so invalidates the Notice or saves your tenancy from also being terminated.
Oral agreement was made and a few years later landlord attempted to change the oral agreement with a written one that substantially changed the oral one but it was never signed because of that very reason.
answered on Nov 20, 2018
You are not clear as to the nature or extent of the "change". A landlord cannot arbitrarily change the terms of a rental agreement without the tenants agreement. Rules and regulations however generally are not specified in the rental agreement per se. But a landlord may terminate your... View More
Oral Rental agreement between landlord - room mate - and myself - room mate and myself rented premises - lived in the premises for three years as tenants- Landlord produced rental contract which eliminated myself as a tenant and listed only my room mate - contract was not signed - Since all... View More
answered on Nov 20, 2018
First, if there is no written rental agreement that is signed, or even agreed to be signed, by the tenant(s), then it is likely not valid or enforceable. If there was a prior oral rental agreement, it likely is still in force until either lawfully terminated or replaced with a new rental... View More
answered on Nov 19, 2018
Likely since oral rental agreements for month to month tenancies are fully legal and binding in Oregon. IF the argument is that it was never agreed to or otherwise reflects terms specifically not agreed to, that may be different, but all that happened is one or both parties failed to sign the... View More
I recently moved to a one bedroom apartment been here almost 4 months and sign a 6 month lease never pay my rent late and had no troubles with the neighbors or landlord but the landlord left a 90 day eviction no cause notice for no reason I live in Portland, Or (Multnomah) I was hoping to see if I... View More
answered on Nov 16, 2018
You should take your lease and the Notice, along with any other documents you have from the landlord, to a local landlord-tenant attorney for a comprehensive review. It sounds likely that the 90 day notice may be invalid and unenforceable, and that you were/are eligible for monetary damages or... View More
House is approx 1700 sq ft. Only other heat source is an old gas fireplace in living room with no fan. It heats only the room it is in. Isn't there a habitability law in OR?
answered on Nov 14, 2018
No, there is no fixed time frame for a landlord to fix. They are obligated to fix - period. The only question is how long do they have before the tenant is entitled to either pay reduced rent or, in extreme cases, be relocated at the landlord expense until repairs are completed. In the end, how... View More
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