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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have been renting to tenants for 3 years. A year ago their year lease was up and we made a verbal agreement of a rent

Increase from $1500 to $2000 they have been paying $2000 for a year they were suppose to buy our house and ended up not qualifying this month they said they were only going to pay $1500 because that’s what their contract says, which is correct. Moving forward how do we make it legally binding?... View More

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

You really need to have a written rental agreement no matter what, regardless of whether it is a month to month tenancy or a fixed term lease. Yes, if they are willing, you can enter into a new written agreement; you can even require them to enter into a new, written lease or have their tenancy... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: I signed a lease, changed my mind less than 24 hrs after signing. Can I void the lease w/o the lease break fee?

I had asked them to change the move in date to a later date when they started writing up my lease contract. They kept the move in date the same date as the day I could view the apartment for the first time so I felt pressured to sign before the end of the day. I signed the lease at 11:50pm, went... View More

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

You can certainly talk to the landlord and see what, if anything, they are willing to do. But legally, you are likely on the hook as soon as you signed the lease. If you were unsure, you should not have signed until you were or you should have put a clause in that allowed you out if you wanted... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord filed for eviction. I moved out before court and she had possetion. Went to mediation and said she would

Only drop the eviction if I pay her $4000+. I filed an answer with unlawful entry as my defense. I won a judgment of $1450, she illigally entered. I still got an eviction on my record. I didn't owe rent so I am technically still granted possession of the unit. Why do I still loose?

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

There is confusion here somewhere. First, if you had restored possession prior to the First Appearance, the landlord was obligated to dismiss regardless of any alleged debt. If she did not, you should have told the court and had it dismissed without the need of filing an Answer. If you somehow... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant who lives below us is also building maintinence, he was made aware that my wife and I complained about smoking.

Isn’t the office management at my apartment complex obligated to maintain confidentiality over such complaints and not specify who made the complaint via email?

If so, what are my options in this matter.

Gregory L Abbott
Gregory L Abbott
answered on Aug 8, 2018

Unless there is some sort of written policy proclaimed by the landlord, they are not legally obligated to not disclose complaints or who made them. Indeed, there is the general policy that one is or should be allowed to confront their accuser and on a practical basis it may be necessary to either... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m on a month to month lease with a roommate. If I give my landlord notice, does that end the lease?

My roommate is destructive and exhibits some scary behavior. I’d like him to move out as I’ve lived her for much longer than him. The landlord agrees but is scared of paying relocation fees. If I give notice and end the month to month tenancy with her, will I be penalized? Does she have to... View More

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

IF both of you are on the same rental agreement, and either one of you provides proper written notice of termination of the lease, it terminates the tenancy of both of you. Your landlord does not have to give a new lease to the roommate nor any notice at all - you are the ones providing the notice... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Am I owed relocation assistance?

My landlord is increasing my rent 90%. I live in Protland Oregon. I am trying to figure out if I am owed relocation assistance from them but I am getting conflicting information. If they are exempt would I have had to receive notice of the exemption before/with the notice of increase? Some of the... View More

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

A single rental within the city limits used to be an exemption but the Portland City Council made major changes in the ordinance last March, including removing that exemption. Any notice of a rent increase in Portland of 5% or more requires the landlord to include a written notice of your rights,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Purchase agreement expired tenants or buyers if buyers stays in the home with no lease buyer or tenant?

The agreement states they are purchasers the seller abandon the home buyer made repairs sale fell tnrough a year after are the buyer s tenants? Sellers refused to avcept offer evicted and buyers sweat equity of a year cleqning the pkqce up and now has a value of 80k more from buyers work efforts... View More

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

Much depends upon exactly what the paperwork and/or the specific agreement says. Buyer may have a claim for unjust enrichment in equity if nothing else, or there may be some sort of breach of contract, etc. IF they were tenants, then there may be landlord liability claims as well (1 year statute... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord says I'm not allowed to have overnight guests for any reason, is this allowed in Oregon?
Gregory L Abbott
Gregory L Abbott
answered on Aug 5, 2018

Is it specified in your lease? Are you in shared quarters, such as renting only a room in a house? What is the landlord's reason? The answers may well affect whether the landlord can enforce this but generally I doubt a Judge would let a landlord enforce this, absent an objectively valid... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord/co-tenants take a person living at the residence off a rental contract without notice

One of the co-tenants moved out in May does not pay any bills or rent but still is making decisions regarding the household he has spoken with the landlord and other co-tenant to take me off the rental agreement and put a person he just moved in (without prior notice to landlord) on the agreement... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 1, 2018

I am having difficulty following the events or who is who. You don't say whether you all are on the same rental agreement or each on separate agreements or something in between. You also don't say whether this is a month to month tenancy or a fixed term lease. If a fixed term lease,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Was given a45 day no cause eviction and still paying rent. Now a72hr eviction. No relocation fee/filed w phb?
Gregory L Abbott
Gregory L Abbott
answered on Aug 1, 2018

As answered in your prior posting, you likely have claims against the landlord but the only way to really know is for you to review it all in detail with a landlord-tenant attorney.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord is giving a 45 day no cause eviction.. hasn't paid us a relocation fee. Still pay rent and now a72hr eviction

Yes only 45 days and now we can't save to move while paying there rent.. they have not given us are rights or contact phb

Gregory L Abbott
Gregory L Abbott
answered on Aug 1, 2018

Afraid much of your posting doesn't make sense. Your reference to a relocation payment suggests your dwelling is within the Portland city limits. But if that is true, you need to be given at least 90 days notice for a no cause termination notice. 72 hr notices are for failure to pay rent... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice do I give tenant when 1 year lease is up, that we want to raise his rent? How much can I raise it?

I have contacted this tenant 3 times but he hasn't responded about renewing the lease. I will renew his lease at no rent increase for 12 months. He has responded to another email & text. We do not want him to go month to month, but our Oregon form lease agreement states it will go month to... View More

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

Much depends upon the exact wording of your existing lease. It presumably is able to be terminated with advanced notice before the end of the lease term. If you do not want to go month to month, simply terminate the lease at the end of the lease term and offer the tenant the option to either... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have a court date tomorrow morning 7/31. Our lawyer has told us that the tenant's lawyer went to court on 7/26.

Our lawyer says the court messed up the dates. Our Multnomah County Court docs state 7/31. Other lawyer says since we didn't show, we defaulted. Also, which is more the problem, we accepted rent while the 30 day for cause notice to terminate was in process. Our notice referred to ORS 90.414... View More

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

If you have court papers saying be there tomorrow you definitely should go. Even if there was already a default taken against you, at least show the papers to the Judge if you want to try to have the default set aside and your case reinstated. That said, if there is a fatal flaw in your case,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is handing me a new lease agreement considered legal notification of a change in rent?

We already have a signed lease, good for 9/18 through 2/19. The new lease is a raise in rent and changes the effective times to 7/18 through 6/20. This is all I received regarding a change in rent, except for for a verbal "I am thinking about raising your rent" said in late April.

Thanks

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

You are free to not sign the new proposed rental agreement and continue under your existing one through 2/19 if you wish. Or you can enter into the new one and stay under it until 6/20 if you wish. The new one would replace the existing one once entered into.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does email to landlord constitute notice of them moving out? He acknowledged the email as well

One student sent email to Landlord notifying him the rest of roommates would be moving out come August 1st. He says he never got notice.

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

No, legal notice to terminate a tenancy must be in writing and either delivered in person; by mail (adding 3 days for the mailing); or, if your lease provides for it, by posting it on your door and mailing a copy (no extra 3 days required).

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant decided to leave 3 wks after signing a 3-mo lease. Told me I can keep the deposit. What are my rights?

Tenant wants to join her friend who just moved to the opposite side of town. One week VERBAL notice was given despite my asking for it in writing. I am spending several hours per day trying to rent the space (which is an "in law" within my home) for the remainder of tenants lease, but so... View More

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

It will depend upon the exact wording of your lease but yes, if everything was done properly, you are likely to be entitled to keep charging tenant for rent until the earlier of your re-renting it or the expiration of the lease, plus miscellaneous expenses incurred in re-renting it. You are,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Oregon - my landlord texted me what he used my deposit for, instead of mailing or hand delivering it, is this legal?

2 extra days to move out @ $ 22 per day

$44

Plumber to remove toy from toilet $76.50

Labor to clean stove and fridge 3 hours @ $35 hour $105

Haul trash( items left in apartment)to dump one hour @$50 Pluss $15 dump fees

Clean apartment 4.5 hours @$35... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 25, 2018

No, not legal as to delivery. Has to be via first class mail or personal delivery. ORS 90.300(14)

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Verbal agree to remodel house & live rent free but is given a ORS 90.403 in 24hr what rights do they have & steps to tak

Did work just about done but landlord wants family out but in 24hrs & family wants to move but needs enough time to do so (30-45 days) also have witnesses & text & pics to proof that work is done correctly landlord just wants them out to move in there own family member.

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

ORS 90.403 requires there to have been a previous tenant that has vacated, leaving you behind and the landlord not having knowingly accepted rent from you. Is this the case? Regardless, you may or may not have a variety of potential defenses. You should review everything with a local... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m renting a room but I’m not claiming it as income. We don’t have a formal contract. I want The person to move out.
Gregory L Abbott
Gregory L Abbott
answered on Jul 18, 2018

You don't ask a question so it is difficult to know how to respond. It sounds as if it is likely to be income and failure to report it as such may constitute tax fraud. That however has nothing to do with resolving matters with your tenant. It does not matter whether you have a written... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 12 Month lease ending. Rent increase on renewal. Is 90 day notice required?

My 12 month lease is coming to an end. The increase in rent for the renewal is under 5 percent. Is my complex required to provide 90 days notice when rent is increased on a renewal for a fixed term lease?

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

90 Day notices to raise rent are required state-wide in Oregon in month to month tenancies. Raises of 5% or more over the previous 12 month rolling period within the city limits of Portland require a 90 day notice. Otherwise it depends upon what your rental agreement says about renewal or... View More

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