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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A tenant is keeping a pit bull in her apt with no prior authorization from our office.

We served her with a Pet Violation Notice and her response was She is going to her Dr. and asking for a service animal.

I explained that that is supposed to be done PRIOR to taking a animal into her home and the violation stands.

I would like your advice:

This is the 3rd... View More

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

There is not much you can do except issue the 10 day notice of violation for any tenant violating your pet policy. She can say whatever she wants but unless she has served you with the notice from her doctor by the end of day 10, I would argue her tenancy is terminated and getting it later in time... View More

1 Answer | Asked in Criminal Law, Divorce, Real Estate Law and Landlord - Tenant for Oregon on
Q: How to get ex husband out of marital home if he's still on mortgage

I was awarded the home in the divorce, he is currently residing in the house and I need to get him out. I cannot get it refinanced because he is refusing to let the appraisers on the property.

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

Depending upon the exact facts, you may need to file a lawsuit to have him ejected. You should also talk to your divorce attorney to see if there is a way to get him found in contempt of court.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord, in Oregon, increase rent with a 30 day notice, if the increase is less than 5%

I thought it was 90 days notice for any increase, but it’s being stated that because it’s under 5%, only 30 days are needed.

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

No way, you are correct. Rent can only be raised in month to month tenancies; cannot be raised within the first year of a tenancy; and state-wide requires at least 90 days prior written notice, containing the required information and served either in person, by mail (adding an additional 4 days,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My friend lives in an apt and tomorrow will be the 4th inspection she has had this year, I told her it was excessive

But her LL says it can be done as much as they want to, any laws pertaining to this?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 12, 2018

There are not set limits. Here is the law: https://www.oregonlaws.org/ors/90.322

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord just let me know that my rent will be going up but not how much do they have to give me written notice ?

They remodeled other side of the duplex but didn't do anything to my side although there are broken things that I have repeatedly ask to be fixed. Also I always pay rent on time and gave them a big deposit I'm on month to month

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

Yes, to be enforceable, you have to receive a written notice (NOT email, text, verbal, etc.) either personally handed to you, mailed to you by regular first class mail (not Certified, etc.) or, if your written rental agreement specifies it, by posting it on your door and mailing you a copy of the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: unrelated non-legal tenants without a lease. may I evict them? i get no rent. how long does it take to evict them?

tenants are adults.

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

I don't know what you mean by non-legal tenants. Regardless, as long as you can prove they agreed to pay rent, regardless of whether they actually have, or you can otherwise prove they are tenants (verbal rental agreements are lawful), then as long as you give the required notices first, you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the legal time for return of deposit and last month's rent returned

In Bend, Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2018

Has to be in the mail within 31 days: https://www.oregonlaws.org/ors/90.300

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How to evict a commercial tenant who is now using the space as a resident. The building is in a commercial zone only.
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2018

Depending on what the lease says, and I would assume it has a provision related to this, send a notice of breach first or anything else the lease requires. Then, I would recommend at least talking to an attorney in your area about filing to evict them.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I got poke by a dirty needle on landlord property what can or should i do

I got poked by a dirty needle on landlord property what can or should I do

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

You should consult with your doctor about what, if any, tests and/or other steps you need to take to protect yourself. Beyond that, nothing you posted suggests the landlord has any prior knowledge or that you have another basis for liability claims against him, even if you do otherwise have... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Is a 90 day no cause eviction the best way to just get someone to vacate a property?

It's 2 family members that have way overstayed their welcome. My dad is 89 and they are taking advantage of his age. We just want them out. They don't pay anything, but because they have been there over a year, they have established residency. So we want no complications, just a no cause.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 3, 2018

Yes, just be very careful to follow the law as to notice requirements, and if they do not leave, I strongly suggest at least consulting with a landlord-tenant attorney if you have to file with the court.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a friend of five years who wanted to rent a room from a rental property that my mother owns. I told him clearly

that the lease was 3 months lease and that after third month, the lease became month to month with 30 days notice. Meaning after the third month he could give 30 days notice and apply his last months rent. (total 4 months) In May , he moved in and payed first and last months rent.

My... View More

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

Actually, without a signed, written lease, by law all he had was a month to month tenancy. So assuming he took possession, he would owe rent through 30 days after first notifying you he was terminating his tenancy - and be due a refund for any pre-paid rent after that. Plus if it is not refunded... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I want to move into my rental property in 6 months. Tenants just moved out. Do I do a 1, 3, 6 month lease? Days notice?

I'm confused about the best way to legally set up my lease if I want to have my tenants move out in 6 months. I don't want to pay relocation assistance. I want to give them proper notice. 3 month lease, then month to month with 90 days notice? 6 month lease with 90 day notice? Thank you!

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

I am presuming that your rental dwelling is located within the city limits of Portland, given your reference to paying relocation assistance (it only applies to dwellings in Portland city limits). The first issue is to determine what, if any, exemption you may qualify for. That in turn will... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord unexpectedly passed away. Should we legally hear where to send rent? Can our lease be terminated because of?

Before passing, one of the landlords daughter's was pushing to put the duplex up for sell but it was not completed/listed by the time she passed. There has been no communication since the word of her passing. The daughter had fired the gardener as well prior and it is in our lease we are not... View More

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

Do not pay ANYONE your rent without first being given a copy of the court Order appointing them as Personal Representative of your now-deceased landlord's estate or, at a minimum, a court Order approving them as a Claiming Successor. Otherwise you can end up having paid the family member and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice does a landlord need to give a month-to-month renter of a rent increase?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 25, 2018

Generally speaking 90 days: https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Son wants to rent apartment w/ a roommate. I agreed to cosign. Property Man. also asks that I pay $1970/mo to tenants.

American Property Management has asked me not only to cosign the tenancy agreement giving all my personal information, employer, driver's license, social security, and 30 more items of information, but also they ask that I sign a separate agreement. This agree reads: "I have signed a... View More

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

Can they ask you to do it? Sure. You obviously have no obligation to agree. It would appear that the actual tenants do not meet Am. Prop. Mgt. income requirements and this is their proposed work around. Another, of course, (and arguably safer for you) is for you to simply pay the monthly rent... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the time frame a tenant is not a tenant if they left 30 days + ago and was not on lease?

I had a friend live with me for several months for free and not on my lease. He left over a month ago and now is claiming he is a tenant of my place and wants to move back in. At what point after he left is he not a tenant anymore?

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

IF he was never supposed to pay rent, and never did, he was a guest and NOT a tenant. As such he had some, but limited rights. Essentially it comes down to when did you reasonably believe that he had moved on with his residency and no longer intended to reside in your place? That normally is the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a person is renting a room with no lease and is causing another tenant panic attacks, intimidating, threatening

How do we get her out before she does any more damage to us. She is disrespectful and every time she has a bad day she throws a tantrum and is unable to live with for days. She went into a bedroom of a tenant at 7 am and threatened her with jail for no reason and a restraining order if she ever... View More

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

There simply is not enough information here to tell you much. While you may not have a written rental agreement, you do have a valid, enforceable, oral month to month rental agreement. If this is separate rooms in the same house, is one party the landlord and another a tenant? Both are tenants... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in a duplex and my LL asked me if neighbors are violating their agreement, if they have a pet. Is that legal?

He is basically asking me to spy on them. I told him we're not friends and i don't know. Now he is going to inspect both our units.

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2018

Sure, he can ask...you are under no obligation to answer or otherwise help him if you do not wish to. He has a right to inspect any/all of his rental units as long as he provides at least 24 hrs advanced notice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant was mailed 30 day for cause notice with a certificate of mailing. I fear they will claim they did not receive it

The date to inspect for correction of violations is June 25. Can I post the notice to inspect with a copy of the mailed for cause letter tomorrow June 10th. Or personally give her the for cause letter tomorrow to assure receipt even though it was mailed June 6.

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

A landlord's legal obligation is to prove by a preponderance (more likely than not or >50% that they mailed the notice. They have no obligation to prove that the tenant received it. So it does not matter if they claim to have not received it so long as you have a certificate of mailing.... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If my rental company gave me a no cause eviction, do they have to return my full deposit?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 7, 2018

No, there is no special rule for if there is a no cause eviction. But, make sure they do follow the laws as to timing and documentation: see ORS 90.300

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