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I am the landlord and owner of a property in Portland, OR city limits. I want to raise the rent by 4.5% at the end of the 12-month fixed term lease, which will then go to month-to-month. How much notice do we have to provide the tenant for this rent increase and is it legal to increase 4.5%?
answered on May 18, 2018
You have to provide at least 90 days prior written notice of the rent increase and it cannot become effective until the later of the 90 days or the termination date of the existing fixed-term lease. Yes, 4.5% increase in not less than 12 months is fully legal and does not invoke Portland's... View More
answered on May 18, 2018
First I would confirm the address she sent it to. Then, assuming an appropriate amount of time has passed, ask her to simply re-issue the refund. Perhaps you could pick it up in person or make some other arrangement that does not rely upon the vaguries of the post office.
Originally 3 housemates on the lease in the home, one moved 2/3 way through lease and we sublet temporarily to someone. Lease is up in 6 weeks and we are giving the house up, however the temp roomie is using meth and we would like to evict, so wondering what my options are.
answered on May 17, 2018
Not enough info here to know. Is subletting allowed by your lease (most do not allow it)? Who does this person pay her share of the rent to - the landlord or one of you roommates? IF she truly is just a co-tenants, you have no right to terminate her tenancy or evict you, anymore than she has the... View More
Because the increase was under 5 percent are they no longer required to give me 90 days notice of the increase? They gave me 80 days notice. I'm wondering if they are in accordance to the law on this one?
answered on May 15, 2018
No, all rent increases, no matter how much, require at least 90 days prior written notice containing the mandatory information and must be lawfully served. Depending on exactly when the notice was given, and how, if your dwelling is within the Portland city limits, you may have additional claims... View More
There was no rental agreement. No monetary contributions. We were trying to help him get on his feet. He is a vet and now volital - verbally - then apologizing. It has me scared since he is paranoid scitzophrenic - diagnosed after he moved here.
answered on May 11, 2018
If there is no landlord-tenant relationship between you, you will need to file an ejectment action in court. This is likely to take a minimum of 4-6 months from filing, possibly longer. It is technical and not a do-it-yourself project. Review everything with a landlord-tenant attorney to confirm... View More
answered on May 10, 2018
It is not clear what you are asking or the grounds for terminating the tenancy. If it is a no cause termination, then at least 30 days advanced written notice is required - and the notice must include specific information and be lawfully served. If they have been there a year or longer, then it is... View More
I rent a house next to a duplex that is rented out by a different landlord. She has a tenant that harasses everyone, has multiple cars, a boat and a trailer along the street, who we've called the police on a few times. The landlord claims she can't do anything and she also said she has to... View More
answered on May 9, 2018
There is not enough information here to know for sure, some things depend upon such information as what that tenant's lease says. What likely is true is that you can do to force the landlord to evict the tenant. You can, however, seek to enforce the local laws if the vehicles are unlawfully... View More
I consulted with an atty, about my tenant rights being violated, he confirmed they were & instructed me to send a letter. My landlord has never responded. Instead, my family has been harassed and Management who purposely contrived a situation in order to give me an eviction notice is Feb for... View More
answered on May 8, 2018
This sort of situation is highly fact-specific and usually intensely fought over in court. Is there a reason you have not gone back to the attorney who is already familiar with your case? Normally a landlord is not required to renew an expiring term lease but you may have arguments if you can... View More
to $550 with another 10% (compounded on the yearly increase) increase this year bringing it up to $605! We own our units. It is getting to the point that we cant even sell if we wanted out. We cant move our units and as the lease payment keeps increasing we cant sell or we would have to walk away.... View More
answered on May 7, 2018
Sorry but no, a lanadlord can raise the rent as much and as often as they wish so long as they give proper and lawfully served 90 day or more advanced notice, assuming you are on a month to month tenancy.
He hasn't asked this before when he increases my rent every year. Can he do that ask for additional security deposit?
answered on May 4, 2018
Yes, he can increase your security deposit but must allow you at least 3 months to pay the increased amount.
The person i am currently living with is my moms ex boyfriend, fiance whatever hes sorta like my step dad. Anyways, i have been staying with him for about 7 + years at his house that he rents for free meaning that rent was never asked for. So i clean,and take care of his dogs, wash the dishes , and... View More
answered on May 2, 2018
First, if you don't have a written rental agreement and only got the notice by having it taped to your door, the notice is invalid and you should prevailing if he tries to evict you based upon it. Next, if you are a tenant that has lived there for more than one year, then you are entitled to... View More
She is on the original agreement as a person occupying the apartment. Not sure if the landlord realizes she is now 18, but am expecting a notice for non payment next month.
answered on Apr 30, 2018
Technically, if she is not a co-signer and only an approved occupant, a 72 Hr Notice should just be addressed to the signer of the lease (not that also listing her is likely to invalidate it though) because it is a notice to pay the rent or get out. If it is not timely paid, however, then any... View More
Landlord threatened to raise rent, which cannot happen because I'm within the first year of month to month lease. If he tries to evict me and my family because I will not sign year lease, am I protected under landlord retaliation laws? Thanks!
answered on Apr 27, 2018
Everything is very case and fact specific so all I can tell you is that 1) retaliation cases are very difficult for a tenant to win, and they have the burden of proof; 2) in general, a landlord has a perfect right to require a tenant to sign a fixed-term lease or to terminate their month to month... View More
I thought a month to month lease could not be increased until you had been there a year?
answered on Apr 26, 2018
You are correct as to most residential landlord-tenant matters - see ORS 90.323. However, assuming you are in a mobile home facility to which ORS 90. 505-90.850 apply (most mobile home parks), then only 90 day advanced notice is required at any point during your tenancy there. It also must... View More
I paid rent to my boyfriend but he called the police claiming. I never lived there. Can i sue him for violation of the oregon residential landlord-tenant act
answered on Apr 25, 2018
It is not clear exactly what your situation is. Do you normally pay your rent to the boyfriend? If so, he may legally be your landlord with all the obligations and rights of any landlord and you with all the rights and obligations of any tenant. Documentation may become critical so you should be... View More
I have a MTM lease dated 7/17 in Portland. It requires 30 days written notice by landlord or tenant to terminate. Is it now 90 days anyway because of the new law, or does the rental agreement take precedence?
Landlord passed away, divorced mid-late 60s with 3 adult children. Not sure if he had a will or not? We live in Oregon and would like to know our rights both worse case or best case scenario. We've lived here for a little over a month, I paid first, last, & deposit and February rent... View More
answered on Apr 25, 2018
YOu have the same rights as you would have had were the original landlord still living. If you pay your rent, the tenancy can be terminated only in the manner permitted by law, and if terminated, your deposit is fully refundable if you return the premises in good condition with all obligations... View More
We are moving this month. We submitted a 30 day notice for our apartment only with the plan of vacating by the 23rd of May. We are intending to keep our garage to the end of the month to help facilitate a less crazy move.
The garage is on it's own separate lease agreement with no... View More
answered on Apr 23, 2018
The only way to answer this is for an attorney to carefully review each lease. In general, each lease stands on it's own and thus you would be right in that one could be terminated without necessarilt terminating the other, but again, only a careful, complete review by an attorney is likely... View More
Am I allowed to remove the gate and can I go do work (clearing brush) on the land. They posted no trespassing 24 hr notice req. I had to leave a msg for24 hr notice, l get a call back, renters say their giving a 48 hr notice that I can't go on my property.
answered on Apr 23, 2018
A tenant cannot unreasonably refuse you entry to inspect your property. Whether you can clear brush etc. depends upon what their lease says and what their rights include. The only way to really know is for you to take a copy of the lease to a local landlord-tenant attorney for an in depth review... View More
I have contacted the actual landlord by googling the property, getting her name through portlandmaps.com, calling her work number and have been in contact that way. She is aware that I am subleasing.
The issue is that my housemate/acting landlord wants to terminate my lease without cause.... View More
answered on Apr 17, 2018
Understand that IF you are subletting from your roommate, then he is indeed - for all purposes - your landlord and it really does not matter if the master landlord cares where you park the car. Do you have a written rental agreement with the roommate? You sound as if you are familiar with ORS... View More
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