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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate gave 30 days notice on Sept 11th that he is moving out. Does he have to pay for the full month of Oct since

Notice was given mid month or only 11 prorated days?

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

11pro rated days.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As a landlord (state of Oregon), when the lease states the tenant is to provide lawn services and kills grass and

all greenery, what form could be used to give notice of non compliance with an option to correct? I see notice of non compliance but I don't see where there's a fixed time period to correct?

Gregory L Abbott
Gregory L Abbott
answered on Sep 7, 2018

It may be more a claim for damages but arguably you can also use a 30 day for cause termination of tenancy notice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has suddenly decided to sell the house I’ve rented for 12 years. I work out of town and cannot be there...

...to deal with this for 2 weeks. Landlord is sending text notifications to enter house, move my stuff around and take photos for a quick sudden sale, so she can buy another property with the funds. What are my rights?

Gregory L Abbott
Gregory L Abbott
answered on Sep 6, 2018

Assuming your dwelling is in Oregon (your posting indicates Seattle), a text message notice is likely only lawful if your written rental agreement expressly provides for it. Even if it is lawful, you have the right to deny her entry as long as you do not do so unreasonably. Give her notice back... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My lease runs through the end of September, but I gave 30-days notice in July and vacated mid-August. My landlord is

asking for September rent, but another person is living in my unit. The landlord claims this is another tenant being sheltered after a plumbing incident in their unit. Am I still obligated to pay rent when the landlord is housing another person in my old apartment? What legal ramifications would I... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 5, 2018

If the landlord is using your old dwelling unit for his purposes, then I believe a Judge (if it came to that) would find you no longer owed rent on that unit, at least for the time that it was being so used. If it becomes vacant again before your lease term would have been up, you may resume owing... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is requesting full months rent instead of prorated for a thirty day notice. Do we have to pay more?

We put in our 30 day notice August 9th, we were on a month-to-month lease, for a move-out date of September 9th. The landlord says we have to pay full months September's rent instead of the nine days of the month. Do we have to pay the full month?

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

No, you only owe rent through the termination of your tenancy, assuming you vacate on time. If you don't, you will owe rent through the day you restore possession. Simply pay the pro-rated rent. He either keeps it or returns it. Either way, he can't do a thing about it until after the... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental year lease /agreement has wrong start and finish dates plus written over leters is it null and void

I'm trying to get out of said lease but having a difficult time doing so.

Thank you,

Gregory L Abbott
Gregory L Abbott
answered on Aug 31, 2018

It depends - were the existing dates simply mis-entered or a "typo" in an otherwise mutually agreed lease term or are they accurate from one parties understanding and somehow agreed to in writing but a mistake according to the other party? I am unclear what you mean by "written over... View More

1 Answer | Asked in Divorce and Landlord - Tenant for Oregon on
Q: How long do I need to have lived outside of my husbands home to no longer be considered a tenant?

I want to get my remaining things (including our sons birth certificate for his preschool paperwork) out of his house and he has been very resistant in letting me in for them. I want to be sure I can enter the home legally while he is not there to get them, or be able to call a sheriff to assist me... View More

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

If it is no longer your residence, you are no longer a tenant. You do, however, have a legal right to recover your personal property. Whether you can legally enter without your husband's permission may depend upon a variety of exact details. The safest approach is to sue him for return of the... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: Can I be charged an extra deposit or extra rent for an emotional support animal?

I got approved for an apartment and while discussing my pet, my future landlord said that everyone has an emotional support animal and that I have still have to pay an extra $25 regardless if I have a letter or not.

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

No, as long as it is a valid support animal, a landlord cannot charge additional rent or deposit because of it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I just have a verbal agreement with my landlord for a month-to-month contract now he's served eviction
Gregory L Abbott
Gregory L Abbott
answered on Aug 28, 2018

A landlord can terminate a month to month tenancy with a properly worded 30 day (60 day if you have been there more than a year) advanced written notice (no email, text message, etc.) that is lawfully served. If you do not vacate by the notice deadline, the landlord then has to file in court to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can one fight a landlord charging exorbitant repair fees upon lease termination on top of withholding a deposit?

There was a deposit of about $3K. One of the tenants received an itemized paper bill in the mail which covered a handful of repair costs. (This was just recently, after all tenants had vacated the premises.) Many of the smaller repairs had been put in as maintenance requests- archives of these have... View More

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

If reasoning with your landlord won't work, then it depends upon how you think are legitimate charges. If you agree you are liable for at least the $3000, but not for everything the landlord is seeking, then there is not much for you to do but wait and see if the landlord sues you for the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Oregon on
Q: My sister is executor we are both legal heirs,but she let a friend move in he won't leave

She wouldn't evict him said it was too much $ to do so.He is suing over the cost of work he has done.No records of labor,materials.It has been over a year,I need the money-what can I do?

Gregory L Abbott
Gregory L Abbott
answered on Aug 23, 2018

If your sister is the court appointed Personal Representative of someone's probate estate, and it is in Oregon, then if it has been a year+ since filing of the probate, it likely is nearing a conclusion unless there are serious complications. One such complication may be if the estate is... View More

2 Answers | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: What can I file and serve my landlord for doing illegal things to protect me from an eviction?

Landlord goes through and steals my belongings and food while I'm gone. He takes rent payments but refuses to sign receipts. He demands things be done to cook for and clean up after him. He returned mail without notifying me, causing the loss of medical benefits and food stamps because he... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 23, 2018

You should contact a landlord-tenant attorney in your area to discuss potential defenses.

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: My 4-unit apt complex was sold. How much notice does new landlord have to give for rent increase or eviction?

I live in Portland, OR. Haven't heard from new landlord yet, even though previous one says the sale was official 8/14/18 (today is 8/23/18) and to NOT send September rent to her... We don't have new leases or anything, and no information about what happened to our deposits, etc. We are... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 23, 2018

Your lease and deposits simply are now under the new owner with the same terms and conditions as before. No new lease is required. If you are in the city limits of Portland (don't always believe the address) they have to give you 90 days notice on rent increases and the same as to any no cause... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord come on the property with out notice, take pictures, including the inside of my open garage?

He has come on the property 4 times this summer without notice and has taken many pictures and then emails me if he wants something. I live in a triplex and I know for sure that the other residents have not given permission. Just recently he saw that I have an above ground pool in my back yard and... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 22, 2018

Much depends upon the exact wording of your lease. As a general rule, the landlord has to give a 24 hr notice if they enter an area which the tenant has a right to exclude others from. Applying that can become complicated if there are common areas, such as a shared yard. As for the water bill,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was late for july rent i made a payment end of july and was given a 72 hr notice after i paid. and now they fileevicti

the landlord said that they used the money order for august rent. can they still evict me?

Gregory L Abbott
Gregory L Abbott
answered on Aug 20, 2018

Assuming you are in Oregon, I am not clear about the situation. You paid July rent at the end of July and have not paid August rent? They gave you a 72 hr. notice for not paying Aug rent, on or after Aug 8th, you did not pay rent by the 72 hr. deadline, and they have now filed to evict you? IF... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: So a eviction and end of tendacy are two different things?
Gregory L Abbott
Gregory L Abbott
answered on Aug 14, 2018

A tenancy is ended when a tenant voluntarily (as in not done pursuant to a court order or Judgment of Restitution) vacates and restores possession to the landlord. An eviction occurs when a Judge issues a Judgment of Restitution to a landlord, ordering the tenant to vacate by a certain date. If... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: So what's the difference between eviction and end of tentancy? How do they differ and does the landlord have a reason?

If landlords changes and the new landlord dont have you sign a new lease can they still end your tentacy?

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

Your obligations to a new landlord are the same as to the old landlord unless and until a new lease or rental agreement is entered into that has different terms - then it governs. Yes, a new landlord can end your tenancy, just like the old one could, under the same processes. Either you or your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord charge every month even if they give a 90 day end of tentacy?
Gregory L Abbott
Gregory L Abbott
answered on Aug 14, 2018

Absolutely. A tenant owes rent through every day they occupy the property or their tenancy terminates, whichever comes last. Stop paying before then and you may be subject to being evicted before the 90 days are up and having an eviction on your rental record.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I want an older family member to move out of my home but she has refused.

My aunt moved into a bedroom in my home last year. She pays a small amount of money each month to contribute towards utilities. There is no lease or contract. My 80 year old mother also lives with me.

I want my aunt to move and when I tried talking to her about it she refused. She is... View More

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

IF she won't go voluntarily, your only other option is to file in court to have her removed. The exact details control exactly what/how you file but essentially it is either for an eviction or an ejection. The goal of both is similar but how you get there legally is very different, as if the... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do I need to provide a move out date to receive relocation assistance?

I got a notice of a 70% rent increase from my landlord. I sent them a letter notifying them of my intent to vacate and requested relocation assistance. They are telling me that I have to provide a move out date prior to receiving the relocation assistance. Is that true? Everything I've read... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 11, 2018

I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant... View More

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