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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm subleasing through my roommate- is it legal for him to withhold landlord contact information?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long does a current tenant have to sign a new rental agreement? The tenant is existing in a house we just bought.

I want to be clear, we just bought this house and the renter is going to remain. The previous landlord did not have a rental agreement and we are instating one.

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

Not to quibble, but there is a rental agreement with the existing tenant, it just may be an oral agreement instead of written. You are wise to institute a written agreement for numerous reasons. If the tenant is slow to comply, you simply give them written notice of their need to sign a lease. If... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a month to month tenant who keeps paying rent late. How can I evict without having to pay relocation fee?

Rent was late two weeks this month.

Gregory L Abbott
Gregory L Abbott
answered on Apr 15, 2018

Your rental unit must be within the Portland city limits to be subject to having to pay relocation assistance, and then, only if you terminate their tenancy without legal cause. If rent is chronically late, consider serving the tenant with a 30 day for cause notice. If they are late paying rent... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I signed a promissory note to make payments for repairs, can I stop payments if the repairs haven't been made?

It has been 19 months since I was charged for repairs.

Gregory L Abbott
Gregory L Abbott
answered on Apr 14, 2018

There are no where near enough details here to be able to tell you anything. You need to simply meet with an attorney to go over everything in detail and let the attorney review your lease and the promissory note. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I got a 30 day no cause eviction..yet my LL went inside, through my things, changed the locks 9 days before it was up.

Now all my belongings are inside and they say I can't go on the property even to get them.

Gregory L Abbott
Gregory L Abbott
answered on Apr 14, 2018

The only way that would be lawful is if your landlord reasonably believed that you had moved out but left the property behind. If you think it likely that the landlord cannot prove that reasonable belief, you should review everything with a landlord-tenant attorney since you may well have monetary... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a 24 hour notice be for entry a week later or does entry have to occur within 24 hours? I'm confused on that detail
Gregory L Abbott
Gregory L Abbott
answered on Apr 13, 2018

A 24 Hr notice of intended entry must provide the tenant at least 24 hrs advanced notice, but can provide more. However, it also must be relatively specific and cannot just say essentially that "I'm coming in sometime in the next ten days...". It should specify the date and... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: I was harassed by my former landlady for asking to have a guest over in my basement apartment..I was later given a 30day

Notice to evict all because I wanted a guests over and there was nothing in contract regarding guests.While moving out I was harassed by her and her boyfriend(called 911). Then served by boyfriend at my new residence. Summons was served without envelope so my new landlord could see it. I soon lost... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 12, 2018

Perhaps but I don't see what claims you would have based just on the facts posted. You may well have a defense if she Sue's you for the rent you say you don't owe and you may or may not have claims against her regarding your security deposit but that would require a careful review... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, what is law for increasing rent?

My sister has been renting a unit in a duplex (owned by our recently deceased mother who lived in the second unit) for $800/month for the last 9 years. FMV is $1,300/month based on date of death appraisal. I would like to increase the rent to help offset the bills of her trust, of which I was... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 12, 2018

How is the duplex Titled? In the name of the trust or in Mom's name? Is it within the Portland city limits? Has a probate been filed and if so, who did the court appoint as Personal Representative?

The answers may well affect your goal here. Whether you have the legal authority to...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord show property while we are packing and moving?

Date the house is being shown is not convienent and exposes a great many belongings of ours exposed to someone we don't even know. Do we have any privacy rights?

Gregory L Abbott
Gregory L Abbott
answered on Apr 12, 2018

Of course they can as long as they give at least 24 hours advanced notice AND so long as you do not tell them not to. A tenant cannot legally refuse to allow the landlord to enter unreasonably. But if you have a reasonable reason (which it sounds as if you do), you are free to tell the landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord tow a properly parked vehicle for "not moving in a while" and expired tags?

I have a car that I don't use often and keep it parked in my assigned space. It is operable but tags were expired. Long story short... my assigned spot is not near my apartment and as such I don't actually put eyes on the vehicle all that often. We went down there last week and saw it is... View More

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

If the vehicle was operable at the time of the tow, and was located in a legitimate parking space specifically assigned to you, no, a landlord may NOT tow it without your express permission at the time of the tow. Current tags (or not) are irrelevant and a statute even specifically states that a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long does a landlord have to serve a tenant with an eviction summons?
Gregory L Abbott
Gregory L Abbott
answered on Apr 9, 2018

Summons and Complaints are generally served the day after they are issued and filed; the normally mails a copy as well to the tenants the same day it is filed. Significant delay may be grounds to either dismiss or perhaps grant a continuance.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: House was not cleaned upon move in. Previous landlord sold during lease. Can new landlords charge for cleaning expenses?

Moved in 2 yrs ago. Carpets had stains. Nail holes in walls. Carpet had to be cleaned by us and along with other cleaning stuff. New landlord is being quite difficult forcing us to clean the carpets again as well as maintain the outside lawn even though it's paid for in rent. New landlord says... View More

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

While much depends upon the exact wording of your lease, if the carpet was not professionally cleaned by the landlord before you moved in, you have no obligation to have it cleaned beyond vacuuming on move out. You also have no obligation to use a specific cleaning company no matter what.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Approval of 2bdroom @ $1407 p/mth on own salary of $60,000 per year

Can a rental office make a tenants perm disabled parent sign on the lease even if they told their prop mgr they would be responsible for her rent and didn't want to put her on the lease..however, she was forced to sign or she would have to move after driving all the way from SC to Portland.... View More

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

Yes, of course she has rights but they certainly do not include forcing a landlord to accept her without her having any potential liability for her actions or failure to act. We are all responsible for our behavior; being disabled does not change that.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Can I break a lease due to mold, moisture, and pest (moisture related) in the apartment unit in Portland, Or?

moved in September 2017, noticed sweating windows everyday, we are the ONLY apt with a dehumidifier added on by management (testing it out), wood floor have buckled due to moisture (management is not sure where it is coming from), mold on interior walls in bedrooms and living room, most recently... View More

Joanne Reisman
Joanne Reisman
answered on Apr 5, 2018

You need to talk to a lawyer that specializes in landlord tenant law. You might also want to talk to a lawyer that specializes in personal injury cases related to mold. Even if you haven't been injured yet a PI lawyer that does mold cases can connect you with companies that come and test for... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord withhold my entire deposit? Should I fight it and can I be counter sued, details given in more info.

I moved out last month, at the same time the property management changed hands, my old landlord did the final walkthrough, left a check list and said the damages should come to roughly $200 for carpet clean and painting. That her assessment will be handed along and the new management has 31 days to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 4, 2018

First, consider talking to a local landlord tenant attorney. Otherwise, I would ask the landlord for the accounting required by ORS 90.300(12), and then go from there. If you have solid proof (such as the testimony of the person who did the walk through) it could be well worth your while to proceed... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My Landlord emailed me a link to my lease renewal. 69 days to lease expiration. Nothing has been posted or mailed.

Is this legal? It's over a 10% increase. The email didn't even specify the amount. I had to log into my account to see the amount. We have had problems with them breaking laws before and brought it to their attending. We do feel this is retaliation as they are renting the places here for... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2018

Much depends upon the exact terms of your existing lease. That said, there is nothing illegal about a landlord conducting business electronically nor is there any limit as to how much they can raise rent. Likewise, they are free to require different amounts of rent for different units in the same... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am a landlord.This is a long question:I have a tenant who moved in at the end of Dec.

Pro-rated Dec and Jan rents paid in full.

They did not pay rent by 2/5 and I had to ask on 2/6. I suggested an electronic transfer by zellepay, this allowed only a partial payment.

I offered to meet them on 2/7 to receive the remainder of the rent and the late fee ($75) per the... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2018

Without further information no one can tell you for sure but pursuant to the terms of your posting, conceptually you can charge them for Feb and March late fees; reasonable cleaning fees; and rent through March 15th. You owed the accounting in writing to them (and any remaining deposit refund)... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I give my tenant a 90 days notice to move 9o days up today. They call me and said haven't found a place.

What do I do next to evict them. How much time do I have to do it? Another thing I have only one place in portland oregon. I,m selling It. Older, get rid of it.

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2018

Your next step would be to file an eviction suit in court. You must comply completely and exactly with all the laws and procedures or risk having your eviction lawsuit tossed out with you owing the tenant's court costs and attorney's fees (potentially thousands of dollars), all while... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Portland, can a landlord do a rent increase with less than 90 days notice on a month to month lease?

Previous landlord sold our unit (duplex) and the new landlord let us stay. We signed a lease agreement, month to month, with the new landlord in January. Does this count as a new tenancy under HB 4143?

Gregory L Abbott
Gregory L Abbott
answered on Apr 2, 2018

First, just to be clear, the new owner/landlord did not "let you stay" - at best he did not elect to terminate your tenancy without cause. When he bought the dwelling, he bought it subject to your existing lease agreement, meaning your tenancy went with the sale.

No, ALL rent...
View More

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