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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do we get our Rnt2Own deposit back from landlord if we cant buy home?

Been doing this 2+years ,he says he spent $,didnt put it in escrow acct .son tried to buy home(our son) real.est.agent wanted to see "gift" for down pyt.. cant do it. No binding noted contract . No lease in writing ,somewhat ,we cant afford to move without $and cant see how to stay... View More

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

I am not clear as to your fact pattern but normally your rights regarding any refund are specified in the written lease/buy agreement. When you say no lease in writing, that truly is concerning. If you have no written agreement specifying the terms of this supposed rent to own, you likely have no... View More

1 Answer | Asked in Contracts, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.

I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 15, 2018

Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.

If it is the other way around, review the lease and...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Raised rent for old renters, they leave. Newer renters has lower rent. Is this a problem for me.

I raised the rent to the allowed 9.9% increase for my apartment in Portland, Oregon. It's was too high for the renters so they left. I went ahead and advertised the apartment for the higher rent, but didn't get any response. So I ended up having to lower the rent. This rent amount is a... View More

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

Not unless they can show you raised the rent on them for an impermissible reason - discrimination, etc. A landlord can charge whatever amount of rent they wish in Oregon (including more than a 10% raise in rent - it just may trigger a relocation assistance payment if in City of Portland). If you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does the renter have the right to tell me when the gardener can come to mow and blow the lawn?

My renter works late and sleep in so he hates being bothered in the morning. But this is causing problems with my gardener who can only schedule me in for 7:30 a.m to mow and blow the lawn.. Don't I have the right to have the gardener come when he can?

Gregory L Abbott
Gregory L Abbott
answered on Oct 12, 2018

It depends in part what your lease says. Absent provisions in it, you have to provide at least 24 hrs advanced notice each time you or your agent (i.e. gardener) want to access areas where the tenant has a right to exclude. The tenant then has the right to refuse you entry so long as they do not... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have to continue renting to the current roommates, if one of the roommates decide to leave?

This is a one year's lease for a house and there are five roommates. The year is coming up, and one roommate wants to leave. The other four wants to stay, so they want to find another roommate to fill that fifth bedroom. This group of roommates were not easy to deal with, and I rather they all... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 12, 2018

If all are on the same lease, and one leaves, that terminates the tenancies of all. Regardless, you have no obligation to renew the lease even if they all wanted to stay. If the rental is within the Portland city limits, and all wanted to stay, if you refused to renew it might trigger an... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: My son's prescribed dog bit someone and now I have an eviction notice. Can they evict me for a first time offence?

My son's prescribed therapy dog pushed past him at the front door to say hi to an 11 year old boy who tried to hit her(dog) with a stick so she bit him. First offence ever with the dog. Can the landlord evict us or demand we get rid of a prescribed therapy dog over a first offence?

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

Assuming the landlord follows the correct technical procedures (serves a legally compliant 24 hour notice (or longer) and serves it properly, absolutely they can terminate your tenancy and evict if/when (in reality, no one actually gets out within 24 hours) you fail to vacate. As long as you are... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I requested p.m.co. to provide copy of our original check in/out doc and maint. requests they said no

Went to office yesterday and asked for copy of original lease and check in/ out sheet, as well as print out of maintenance requests. We lived there 4 years and I'm having a heck of a time finding some of my docs. Receptionist said she can't access those docs it has 2b a mana. So i made... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 28, 2018

Be careful here - you may be being set up. First, a landlord must allow a tenant to inspect and if they pay for the copying costs, make a photocopy of their lease within a reasonable time of being requested. Be sure to put your request in writing and either hand deliver or mail it to them,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord forgot 60 renewal notice, lease ended. 3 weeks later I received notice to sign new lease or pay high m2m rate.

Hi there,

I was in a one year rental agreement that ended Aug 31,2018. I did not receive a 60 day rental renewal or rent increase notice. Now I received 30 day notice request to sign a new lease (which I don't want to do as I may out of state) or pay a new $120 higher rent. I was under... View More

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

It is a bit ambiguous. The statute says rent cannot be increased during the first year after the tenancy begins. It is not clear whether that applies to the first year after a month to month tenancy begins or after any form of tenancy begins. Regardless, it seems likely that a 90 day notice is... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the owner of the house im renting move in upstairs and start renovation with power tools and equipment without notic

I live in the basement of a house in portland oregon and my upstairs neighbors just moved out and my landlord just met me on my porch saying he is moving in and going to be doing renovations and remodeling. Its been an hour and its already very annoying. It sounds like he is sanding the floor,... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 25, 2018

It depends in part upon what you have rented - if it is just the basement, and the landlord is doing nothing in your space, then he likely has the right to do what he wishes with the upstairs space. However, depending upon the duration and extent of the disturbance (and hours), you may have claims... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does my landlord have to post an affidavit or declaration of noncompliance on my door?

My landlord has not posted this on my door. How do I inform the court of this error? And what does that mean for my eviction?

Gregory L Abbott
Gregory L Abbott
answered on Sep 25, 2018

No, the landlord files that with the court; the court then issues a Judgment against you; and the landlord asks the court to issue a Notice of Restitution. That Notice of Restitution must be served on you and it gives you 4 days to go to the court to contest the Declaration of Non-Compliance IF... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I break a lease after discovering that the tenant (deposit cashed; not moved in) who has a domestic violence charge?

I’m located in Oregon and live in the same building with my kids; other people would be sharing the other separate side of the house with him. I signed the lease after he told me, unfortunately. He also said he would be undergoing psychedelic therapy and integrating at the property. Additionally,... View More

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

IF the tenant provided false information about his criminal history (has he been convicted or only charged? If only charged, likely not much you can do) you can give a 24 hr notice and terminate the tenancy. If he commits domestic violence while being a tenant you can terminate. If his victim... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Isn't a property manager legally required to tell a potential renter that the complex is being sold?

I was not told until I moved into an apartment that it had been sold. Isn't that fraud?

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

Not at all. A landlord must disclose in writing to a potential tenant, before the execution of a rental agreement, if the dwelling is the subject of an existing lawsuit such as it is being foreclosed upon or potentially being forfeited, but landlord's are free to sell the rental dwelling all... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Law says landlord can come inside his property to inspect. Does every 90 days seem excessive? Legal??
Gregory L Abbott
Gregory L Abbott
answered on Sep 18, 2018

4 times a year excessive? Not in my mind and I strongly doubt in any Judge's mind. I suspect once a month would be lawful. They still have to provide at least 24 hrs notice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: relocation assistance

I have rented a house for last 2 1/2 years, and recently served with a 90 day notice to move out as the owner is moving back to the house. I only received a notice and there was no acknowledgement letter attached for an exemption. As far as I know, this owner only owns one home in Portland. Can I... View More

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

First, you only are potentially entitled to relocation assistance payments if your rental dwelling is within the Portland city limits. If it is, you were likely owed notice of the amount of assistance and of your rights to the assistance at the time the termination notice was served (it IS a 90... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: gave 30 day notice, the landlord didn’t have new tentant, we needed longer. We settled moving 12th he wants to prorate..

We gave 30 day notice leaving on time according to our lease, at the end of that notice the landlord didn’t have a new tentant, and we needed longer, we settled being out by the 12th of sept., did a walk through on the 12th and the landlord said he is going to prorate us till the new tenant moves... View More

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

Not likely - if you gave proper notice, even if mutually modified, and we're out on time, your rent obligation normally ends when you restore possession and are out. If the landlord withholds more out of a security deposit and does not refund it within 31 days of your restoring possession,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon n my rent now is 1194 my lease is up in dec 2018 n landlord wants me to pay new rent amount of 1804

To renew another 12 months..can they legally raise it that much n if so would they then have to pay me to relocate.

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

Assuming the rent increase notice is technically correct (contains required info, properly served, etc), then yes, there is no rent control in Oregon and a landlord can raise it any amount they wish. If you don't wish to pay it, your remedy is to move. As to relocation assistance payments,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I own a house, I rent rooms out no leases. I want to give a person 30 day notice, he's filthy pet feces etc.

He also doesnt get along with the other tenants.Is a 30 day written notice enough? I'm in the city if Portland

Gregory L Abbott
Gregory L Abbott
answered on Sep 16, 2018

If the rental is within the Portland city limits, and you want to use a no cause termination notice, you need to issue a 90 day no cause notice and you need to be sure you are fully complying with the City's relocation assistance requirements. Your posting suggests, however, that you may have... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord give a 60 day no cause notice of termination after giving a verbal warning.

My boyfriend and I were given a 60 day no cause notice of termination. After we were given a verbal warning to clean up the property that we are renting you see we live in a 37 ft 5th wheel that we own. We have very limited storage space besides the 8 by 10shed that come with the rv space. The... View More

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

Certainly they can - No Cause means No Cause needed to terminate your tenancy so long as the notice contains the information required and was lawfully served, it likely is enforceable.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If you sublet a apartment and give the sublets tenant a 90day notice, and the landlord gives you a 30day notice to vacat

Vacate the dwelling, is the 90day contract still valid to reembersment per contract or is it no longer valid do to the landlord giving 30days yo alo tenants in the dwelling?

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

It depends whether your 90 day notice was the minimum required for a no cause termination (if so, it must be within the city limits of Portland). Then the question is why the landlord is only giving you 30 days notice - if in Portland, it must be for cause (unlawful subletting perhaps?).... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I was given a 30 notice to move from the room I have been renting. Now, my roommate/landlord wants me to move 2 weeks

Earlier and has packed my belongings. Can she do this?

Gregory L Abbott
Gregory L Abbott
answered on Sep 12, 2018

No, you are entitled to a minimum of 30 days notice, assuming you have been there less than a year and are not within the city limits of Portland. More than a year is 60 days; and if you are within the city limits of Portland, 90 days regardless of how long you have been there. If you are in... View More

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