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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Banking and Landlord - Tenant for Oregon on
Q: I turned in my rent check on october 1st. It has not been cashed yet. Landlord says its banks fault. What should I do?

My landlord says she has the receipt proving my check was accepted by the bank. How long can it take for the bank to resolve this problem? What if weeks/months go by and the check never is cashed? If I write the bank another check are they responsible for the stop payment fee?

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

Talk to your bank and find out what the problem is and where your check currently is. That knowledge will in turn allow you to fix the problem and go forward.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When renting a room in a house with kitchen privileges, shouldn't I have the right to a clean environment.

I always have to clean his mess before I can cook. He leaves trash all over the house. I'm always cleaning up after him. I like to live in a clean house but he makes it impossible. He tracks dirt all over the floor, piles things everywhere. He never wipes up spills, grease or crumbs on the... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 10, 2018

Unless his lack of cleanliness is so bad as to actually violate health laws, your remedy is to terminate your tenancy and live elsewhere, hopefully in a more comparable environment. Generally you do not, however,

have the right to move into someone else's home and then demand they...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Month to month lease. Roommates gave landlord 30 days but gave me 7 days notice. I cant make rent, served 72 hr eviction

Is there any legal way of getting more time to find a roommate? Once a 72 hr eviction is filed with the courts, how long do I have to get out?

Gregory L Abbott
Gregory L Abbott
answered on Nov 10, 2018

You can talk with the landlord to see if they will give you a payment plan. You can have a landlord-tenant attorney review everything to see if there are any technical defenses to an eviction. You can move out by the time of your 1st court appearance ( between 1 and 2 weeks after the eviction... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Am I stuck with the woman I added to my rental contract, or can I refuse her renewal? She's trying to drive me crazy.

I'm also female. I wanted to save on rent so I placed an ad for a roommate. I added her to the 12-month lease when it was renewed in January. It was a form entitled: Addendum to rental agreement to add or remove resident(s).

Shortly after moving in she's made my life a living... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 9, 2018

It is not clear to me what your status is - are you also the landlord? Or did you just recruit a roommate and now both of you are signers on the lease with your landlord? Who does she pay her rent to - you or your landlord? The answers make all the difference in what your rights are.... View More

1 Answer | Asked in Federal Crimes, Identity Theft, Landlord - Tenant and Social Security for Oregon on
Q: A woman took money from my daughter saying it was for rent for 1year what can we do

Soon after she took my daughter's money she kicked her out without notice or reimbursement and left my daughter homeless in a strange place. There is more but as you see it's a long story

Gregory L Abbott
Gregory L Abbott
answered on Nov 9, 2018

Assuming you can prove it, and it occurred in Oregon, your daughter simply needs to review everything in detail with a landlord-tenant attorney who practices in the same geographic area as the rental. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord ask First Last and Deposit, In Oregon? I was told No. But I'm unable to find the law .
Gregory L Abbott
Gregory L Abbott
answered on Nov 5, 2018

Certainly they can. Many may allow a payment plan for either last or security deposit - say over 2 or 3 months...

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: agreement states to let landlord know if guest stays overnight can I trespass guest for tenant not reporting

55 plus apartment community

Gregory L Abbott
Gregory L Abbott
answered on Nov 3, 2018

Guest isn't obligated to report to you and is not trespassing if there with tenant's permission. You may have grounds to issue a for cause termination notice to tenant for breaking the rules. In my opinion it is questionable whether a court would uphold and/or enforce such a policy... View More

2 Answers | Asked in Business Law and Landlord - Tenant for Oregon on
Q: I LIVE IN UMATILLA,OREGON. I HAVE BEEN IN MY APARTMENT FOR 5 YEARS. THEY JUST SOLD THE APARTMENT COMPLEX TO A COMPANY -

OUT OF WASHINGTON. THEY JUST GAVE A NOTICE TODAY THAT OUR RENT IS GOING UP $100. IN DECEMBER. WHAT I WANT TO KNOW IS THAT LEGAL TO RAISE IT THAT MUCH AND DON'T THEY HAVE TO GIVE A 90 DAY NOTICE FOR THE RENT

Gregory L Abbott
Gregory L Abbott
answered on Oct 30, 2018

Assuming you are on a month to month tenancy, they cannot raise your rent during the first year of that tenancy at all. Thereafter rent can only be raised with at least 90 days advanced notice. That said, they can raise the rent any amount they wish - your remedy is to simply give notice and move... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When increasing the rent by 5% a month how much notice do I have to give a tenant?

The tenant is on a one year lease and will be going onto month to month

Gregory L Abbott
Gregory L Abbott
answered on Oct 30, 2018

At least 90 days and, if in the Portland City limits, you must include a description of the tenant's rights and obligations and amount of Relocation Assistance they are entitled to under the Portland city ordinance. Failing to do so can cost you 3 months rent plus tenant's court costs... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What can i do?

I rented a house over 4 years was evicted last Dec. paid first last month rent and sec deposit. recently found out I'm supposed to have my deposit returned within 31 days but I never received it or an accounting for it. I've spoke with them after this time and they never mentioned it.... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 30, 2018

You may or may not have claims regarding the fire and you and your son's injuries. That would need to be reviewed and evaluated by an attorney.

As for the security deposit and/or any last month's rent refund you might be due, the landlord had an absolute duty to either refund...
View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: can i be given a modified 24 hour notice to vacate if i live with an onsite manager who is transfering to another site?

I got tge notice october 23 and was asked to vacate by the 15th of november which is not even 30 days. They also adressed it to sharon cook and i am sharon moore. Is it valid? I sent them a copy of the deposit and reservation fee i paid on a nee place on oct 24 th but cant move in until the 29 th... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 29, 2018

If the tenancy is related to employment, and it sounds like it is through your roommate, then the regular landlord/tenant laws are not all applicable.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a rental increase from a new owner forces relocation, can tenants request moving expenses to be compensated?

The apartments where I live (Oregon) have been sold and we have received notice of a new property management company. All tenants are on month-month leases and some have lived here for as long as 20 years. If the new company increases our rent by more than 10% and we are forced to relocate, can... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 26, 2018

Request? Sure...Force them to? Not unless you are within the city limits of Portland. Rent can be raised in month to month tenancies with at least 90 days prior written notice to the tenant. It cannot be raised during the first year of a month to month tenancy and no, the year timeframe does... View More

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Oregon on
Q: Filing a claim against a co-signer who ran away without my knowledge. Not living in the same place.

I'm trying to settle a dispute between a person I co-signed an apartment with. Well, it's more like I signed myself with her, so she can have a place to stay by herself since she has bad credit. I offered to pay the initial monthly rent plus fees, so she can move in as soon as possible.... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 26, 2018

The burden of proof will be on you to show that she owes you the money but yes, either small claims or regular court are you options. If you start in small claims court, she will then have the choice to remove it to regular circuit court or to let it stay in small claims court. If you start in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does a 72-hour notice of non-payment of rent mean I can be evicted in 72 hours?

Or does it mean I have 72 hours to pay the rent before I receive a 30-day eviction notice?

Gregory L Abbott
Gregory L Abbott
answered on Oct 24, 2018

No, it means you have 72 hours to either pay the rent due in full or get out - your choice. If you do neither, the landlord can file to evict you in court anytime thereafter.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can n apartment manager share personal information of one tenant with a different tenant without permission?
Gregory L Abbott
Gregory L Abbott
answered on Oct 23, 2018

While certainly undesirable; highly unprofessional; and a bad management practice; I know of no law that prohibits or penalizes the practice, at least absent actual damages resulting therefrom.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Signed rental agreement in 2014 for month-to-month. Agrt provides a 30-day notice requirement. Is 30 sufficient or 60?

Does ORS (looks like requires a 60 day if tenancy longer than 12 months)

trump the rental agreement (which provides for 30 days notice)

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

As a general rule, particularly in residential landlord-tenant matters, Oregon law governs over the contents of a lease. If the tenant has resided there more than a year, at least 60 days notice is required to terminate their tenancy without cause - 90 days if the dwelling is within the Portland... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In OR, we have issued a 30 day no cause termination for tenants. Tenants keep asking why? Legally, can we answer?

The Landlord/Tenant relationship is just taking too much energy. Unbeknownst to us, tenants made a friend a house-key and had her move in over the summer (which we let tenants live in rent-free for that 3 months). Our lease specifically says no one can live in the house without a signed lease. We... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 17, 2018

You are not obliged to provide a reason in a no-cause termination notice. You may, however, if you wish so long as the notice states: 1) the notice is given without stated cause; 2) the recipient of the notice does not have the right to cure the reason for the termination; and 3) the person... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Can I tow or remove a living trailer away from my property that has 10 lbs of marijuana stored inside? owner is in jail

Oregon Revised Statutes 98-805

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2018

Possession of 10 lbs is likely to be illegal. Your safest bet is to simply report it to the police and go from there. They might even tow it off for you as evidence.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Our landlord said we had to allow him to stay in our home to make repairs. After 19 days we asked him to leave.

He became hostile and threatened to kick us out because he " wasnt welcome in his own house". He evicted us 3 days later and still no heat in our home.

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2018

Not clear what you mean by he "evicted" you three days later but it sounds as if you may have a variety of potential claims against the landlord and possibly to any eviction lawsuit. Only way for you to really know much is for you to review everything in detail with a landlord-tenant... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Oregon on
Q: Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this

We have all cancelled checks showing part of money is rent ,additional is toward down pyt.. we never had any document notarized and we were not happy with part of agreement byt felt pressure because we had already been paying -w/o written agreement and we had no where else to move

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2018

It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go... View More

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