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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
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
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.
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.
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.
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
But her LL says it can be done as much as they want to, any laws pertaining to this?
answered on Jul 12, 2018
There are not set limits. Here is the law: https://www.oregonlaws.org/ors/90.322
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
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
tenants are adults.
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
In Bend, Oregon
answered on Jul 7, 2018
Has to be in the mail within 31 days: https://www.oregonlaws.org/ors/90.300
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.
I got poked by a dirty needle on landlord property what can or should I do
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
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.
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.
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
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
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!
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
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
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
answered on Jun 25, 2018
Generally speaking 90 days: https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm
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
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
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?
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
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
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
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.
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.
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.
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
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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