Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
The landlord states that there was "cat urine" in living room and on stairs so they had to replace carpet in these areas. Mind you, these are high trafficked areas in our apartment. They did not replace the 2 upstairs bedroom carpets. We lived there for 5 months shy of 5 years. Lease... View More
answered on Jun 6, 2018
There are at least 3 issues here - whether the landlord should or did try to have the replaced carpet cleaned before deciding to replace it; was the damage caused in part or whole by the prior tenant's pets instead of or in addition to yours; and how old was the carpet that was replaced?... View More
for the last six month we have been arguing what we agree on. now she wants me to leave making it a 11 month instead 12 month lease in witch i thought it was.
answered on Jun 6, 2018
Yes, by law, you are entitled to a copy of your written lease. As for the entries, document each one carefully - time, date, witnesses, other proof. You may be entitled to a months rent for each one you can prove occurred within the last year. If you want to consider going after the landlord for... View More
I have been the only name on a lease for 6 years. I have an excellent relationship with my landlord. Through the years housemates come and go. They pay me their share of the rent and utilities. This is the first time a housemate is not paying their share and I am having to cover for them. Do I have... View More
answered on Jun 5, 2018
One would need to VERY carefully review your lease agreement with your landlord and know whether there is any sort of written rental agreement with your roommates. But if they made their agreement with you, and pay you their rent, then you may be their legal landlord, with all the same obligations... View More
Is he allowed to charge full rent?He also rents the garage separate and it is full of previous renters things. Can he charge me rent while it is full? I did cleaning and painting and he credited my deposit $350. Do I get that back with the return of my deposit. The heater was not working at time... View More
answered on Jun 5, 2018
If you had a primary heat source at the time your rental began, you likely are entitled to have it fixed at the landlord's expense. You also may be entitled to have paid (or are owed a credit for) reduced rent from when it broke until it is back working. If the landlord has provided... View More
I tried to add my boyfriend to my apartment lease last year, but he was declined due to a past eviction. I received online paperwork to renew my lease a few months ago, and he was included on the lease. We both signed the paperwork and assumed they had approved him. I got a call TODAY that the... View More
answered on Jun 5, 2018
It all depends and I am assuming that the "new" lease was signed by both of you and by the landlord. If not signed by the landlord (electronically or otherwise), that may be a problem. The general rule is that a unilateral mistake of fact does not allow the rescission of the contract... View More
He wants me to do the work for free in order to receive my last month deposit and my security deposit. I totally understand about the security deposit being held over my head, but not my last months deposit when we leave on agreed upon date. especially when in his own rental agreement states that... View More
answered on Jun 3, 2018
You simply should not pay your last month's rent if it was already paid at move in. If you have somehow paid it a second time, you are entitled to a refund within 31 days of restoring possession to the landlord, so be sure he has an address of where to send it to you after you move out (and... View More
Isn’t a 60 or 90-day *written notice* required in this case? Also, my understanding is that if a notice isn’t provided in the correct time frame that it automatically converts to month-to-month and that raising rent is not allowed in the first year of a month to month agreement. I’m not sure... View More
answered on Jun 3, 2018
You are quite correct that any rent increase requires at least 90 days prior written notice. That notice must be delivered either personally (personally handed to the tenant - not slipped under the door, handed to another family member not a co-signed on the lease, etc.), Or mailed regular first... View More
30 day w/cause notice? How do I approach this w/tenant? r. agreement includes (areal view of) "rented" property boundary lines, so he knows what he is doing. Also believe illegal activity happening in the storage shed, part of his rented premises. Sneaky tenant!
answered on Jun 2, 2018
First, if things are being grown on your land without your permission, you are free to rip the plants up/out; and/or report illegal grow operations to law enforcement. Nothing like losing his crop to dissuade him from future trespassing. IF you can prove it, yes, trespass is a possible claim.... View More
So, I rented a room from this couple starting April 1st. I’m not on the lease and never signed any papers or agreements (they said I couldn’t yet because the previous person their brother was still on the lease) on May 13th I gave my 30 day notice I sent it through message so I have proof, and... View More
answered on May 30, 2018
Things may depend upon what "taking you to court" means. It is not clear how you gave your 30 day notice - legally it had to be in writing, handed to the landlord or mailed regular first class mail with an extra 3 days added for the mailing. Text message, email, verbal, etc. do not... View More
Posted notice to claim bikes by a certain date/my roommate/ boyfriend ID d my bicycle/ let them know with our unit/ It was securely locked with nice bicycle lock/ one manager told the lady one since we had id'd it and it was correctly locked to let it be /she was angry/ I was not home/ My... View More
answered on May 29, 2018
I am not clear whether the lady that cut your lock and dumped the bike is another resident or an employee of the landlord. Regardless, your claim would presumably be against her and, if she was working for the landlord, possibly against the landlord as well. You will have the burden of proof at... View More
does the landlord have to give a 90 day notice of rent increase on a new lease if there is only one month left on the fixed term lease?
answered on May 28, 2018
Generally yes, 90 days notice is required to raise the rent but as usual, the devil is in the exact details. Review it all with a local landlord-tenant attorney if you really want to know your rights in this specific instance. Also understand that regardless of your legal rights, if you insist on... View More
I live in a rental in West Linn
answered on May 27, 2018
No, a lease is a lease. However if your lease contains provisions that are contrary to Oregon law, the are unenforceable and to the extent the landlord tries to enforce an unlawful provision, you may have claims for damages against him as well as, of course, not needing to comply.
I gave my tenants a six month notice that was up in April of this year. They stated they needed more time and have paid subsequent rent, however we have not been able to come up with a rental agreement that satisfies both parties. Do I need to give them an addition notice, of 60 days, as they... View More
answered on May 27, 2018
Since you accepted rent after the designated termination date, you likely have to start over from scratch, especially if it is a no cause termination. Assuming you are talking about a residential tenancy outside of Portland but inside Oregon, and the tenants have been a year or longer, you have to... View More
Tenant at Portland house caused $1300 known damage (and more unknown) to house and refused to pay for repair. 2nd 2 yr fixed lease ending 6/30. tenant said they would not move. The house has been on and off market after they can't afford to buy it during their 1st 2 yr lease. I want to sell... View More
answered on May 25, 2018
You need to use care in how you proceed and presumably need to comply with the Portland city ordinance regarding relocation assistance, notice of tenant's rights to relocation assistance with any rent increase, renewal, etc. Now is likely the time (actually, before now...) to deal with the... View More
One violation was girlfriend staying more than 10 consecutive days. If she comes back can they remove before 60 days or evict?
answered on May 25, 2018
I am not clear what has occurred but a landlord can issue a 30 day for cause termination of tenancy notice giving you 14 days to "cure" the violation or 30 days to get out. If a second violation occurs after day 14 and before day 30, and the tenant is not out on day 30, the landlord is... View More
I called the multnomah county courthouse and they told me i had to have monitery losses in order to file anything against him and i had to get ahold of an attorney. I cant afford an attorney and i cant prove any loses, so does thay mean there are no consequenses for him? I had to sleep outside and... View More
answered on May 25, 2018
It all depends upon the details - does he own or rent? If rent, were you on the lease? Regardless of whether he owns or rents, did you pay rent and if so, to whom? These and many other questions can affect your rights. The way to know is for you to simply review everything with a local... View More
For 15 years I made only cost of living increases which now do not cover expenses and with new Portland laws I’m not sure how to increase rent to cover them without incurring thousands of dollars.
answered on May 24, 2018
Relocation assistance payments are not required due to rent increases so long as the rent increase is less than 10% over a 12 month rolling period. The notice of increase must be served no less than 90 days before the increase is to take effect; must contain the required information; and be... View More
answered on May 23, 2018
Hard to imagine how a landlord would be "unable" to contact the tenant, given that legally they can leave the information on voicemail, or fax, or if the lease provides, by email or text message, or posting on door or by mail. All they have to do is be able to proof that they provided... View More
I had previously gotten a notice because my dog got out one night and I didn't know. We'll my dogs collar broke while I was walking him and the lady in the office saw and she wrote me up again and lied saying he was running the whole apts for ten minutes which resulted in a 10 day... View More
answered on May 22, 2018
Whether a landlord pursues other tenants for similar alleged lease violations is irrelevant to whether you were in violation. If you fight it in court, the landlord will have the burden of proving the first violation, that they served you a lawfully worded notice which was lawfully served, and... View More
It’s a student type apartment next to University of Oregon where the leasing office sends out email to commit to renew the lease for the next school year. While still under the current lease and you say you will come back after the current lease ends, are you legally bound under new lease to pay... View More
answered on May 20, 2018
It depends upon what you mean by "agreeing to renew the lease". Unless it is a month to month tenancy (and if it is, it can be terminated anytime by the tenant with 30 days prior written notice), any other form of residential lease in Oregon is only enforceable if it is in writing and... View More
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