Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
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
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
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?
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... View More
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
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
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?
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
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
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
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?
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
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
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
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
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
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
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
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?
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
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
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
I was not told until I moved into an apartment that it had been sold. Isn't that fraud?
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
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.
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
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
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
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
To renew another 12 months..can they legally raise it that much n if so would they then have to pay me to relocate.
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
He also doesnt get along with the other tenants.Is a 30 day written notice enough? I'm in the city if Portland
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
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
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.
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?
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
Earlier and has packed my belongings. Can she do this?
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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