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Oregon Landlord - Tenant Questions & Answers
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...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my landlord says they mailed me final accounting of apartment deposit but I never received it, are they in violation?

I called and they emailed it to me but it was 36 days after we moved out, and they kept entire deposit plus they are trying to charge me 998.54 more as they say the carpet was damaged but it was not. We took pictures when we moved out and it was in good condition. I asked to see their pictures... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 29, 2018

Certainly they can charge you more than your deposit - you are potentially liable for any and all damage to the premises beyond ordinary wear and tear. That said, if challenged in court, the landlord has the burden of proving the damage and your liability for it. Further, even if you are liable... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm closing on a 4-plex. I need to raise rents 33% higher to pay the mortgage and to be similar to others in the area.

Currently the tenants are on a month to month. I will be the new owner in five weeks. I could easily replace each tenant, even with the higher rate. Is this legal and if so, what are the best steps to do this? Thanks!

Gregory L Abbott
Gregory L Abbott
answered on Mar 29, 2018

There is no rent control in Oregon and a landlord is free to raise rent however much they wish as long as it is done in good faith. You must give at least 90 days advanced written notice to the tenants, the question being whether you can issue such a notice before owning the properties - and that... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Housing Authority passed initial Inspection on my house when it should have failed. House built 1935 and has rotted

Foundation, walls and floors rotted out. Other health and safety issues overlooked and I've been subject to health hazardous and life threatening conditions for a year

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

It does not matter how old the house is, it is the condition that it is in. The things you state may well also be violations of the local housing/building laws and/or violations of the Oregon Landlord-Tenant Act. I would start by calling the Housing Department with complaints, followed by calls... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The owners of our rental house want to sell house despite fix termed lease with rental agency. Do we have any rights?

Our rental agency was contacted by a realtor representing owners that apparently decided to sell. We were told people will start coming to view the house and once it is sold we will be issued a 60day notice, breaking the fixed term lease we had with the agency. We hadnt planned to move so fast and... View More

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

Absent some sort of very unusual provisions in your lease, the owner can only sell the property subject to the your fixed term lease and not terminate it early. Further, you DO NOT have to allow the realtor's to parade hordes of people through your home. The owner may still make occasional... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can i kicknout my 20 yr old son if hes not a tenant? He is becoming a thorn in our side.
Gregory L Abbott
Gregory L Abbott
answered on Mar 24, 2018

You can but only by obtaining a court Order or Judgment removing him if he does not just voluntarily leave. Since he is not a tenant, regular landlord-tenant court is not the place to be and you cannot evict him. Rather you have to file an action seeking to have the court eject him. The end goal... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord ask for renewal of lease five months before the end of a 1 year lease? Can I loose my place for waiting?

landlord is texting to renew my 1 year lease 5 months prior to the end of current lease. What are my rights on renewal time frames? Can they rent it out from under me this far in advanced? They have not sent the new lease for my review. the old lease does not have time frames for renewal on it.... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 23, 2018

Unless your lease somehow limits the landlord's rights, certainly he can address the lease renewal issue whenever he wants. He could have made it a 2 year lease to begin with if he wished. If you are not ready to commit, talk with him to see how long he will give you before looking for a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord sent me a confirmation of termination document (never signed). No late fees were mentioned. We reserved another

Place at a different location for $1000. We want to back out now (no lease was signed at this new location). Our landlord now wants to charge us for breaking the lease of the first location early and wants to take our $3,500 because we do not want to move into the second location. Is that legal?

Gregory L Abbott
Gregory L Abbott
answered on Mar 21, 2018

Much depends upon the exact wording and what documents were given or exchanged. Gather your lease and all the notices and/or other communications with the landlord and simply make an appointment with a local landlord-tenant attorney to review it all. A single session will likely let you know your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there such a thing as a pre-move-out inspection?

After giving my 30 day move out notice, my landlord is telling me that they need to do a pre-move-out inspection. This is different from the final walk through. Do I have to let them in?

Gregory L Abbott
Gregory L Abbott
answered on Mar 21, 2018

A landlord has a right to periodically inspect the rental property, regardless of what he calls it. That said, a tenant also has the right to refuse entry to the landlord so long as they do not do so unreasonably. If you don't want to deal with that, simply tell the landlord that you are... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In what time frame does a landlord have to respond to tenants? All my contact attempts have been ignored.
Gregory L Abbott
Gregory L Abbott
answered on Mar 19, 2018

It depends upon what it is you are wanting them to respond to. If you have no heat in January and provide proper written notice, it may be 7 days, no heat in August may well be 30 days; if you want your security deposit back after move out, it is 31 days. While some items have specific times... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Q: Landlord problems given 90day no cause after he harrisment over a period of 3to4days .had to call police three times .

71 years old and have to walk with cane.this has become night mare. Landlord is sisters boss , works next door to the house he bought from mother. His brother moved all of my sisters stuff out of house.put lock on upstairs door so I could not go up there to steal her things before she moves out.... View More

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

You don't seem to ask a question and it is a bit difficult to follow who did what and how any of it involves you. Sister may or may not have claims re her property being moved but I don't immediately see why you would have claims. A 90 day notice gives you more notice time than is... View More

2 Answers | Asked in Collections and Landlord - Tenant for Oregon on
Q: Should I let my long ago failure-to-pay-rent debt run its 7.5 year course?

Father owned the lease. I co-signed(I think, I remember signing paperwork, trying to figure out now if it was a co-sign or what) He paid the rent, I did not. Debt was first opened April 1st 2012. I have never been contacted about this debt. I have had the same phone number since 2006, and changed... View More

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

IF this debt arises in Oregon and out of a residential landlord-tenant situation, and neither you nor your father have paid ANYTHING on it for at least a year, the statute of limitations has past and they no longer have a right to forcibly collect on it. You should demand that it be removed from... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received no-cause notice by voicemail followed by written notice retroactively dated to the voicemail. Is this legal?

I live in Portland. The written no-cause notice only equals 85 days to vacate. If retroactively dated to include the voicemail notice it would equal 90 days. Does my landlord have to re-issue the notice in writing with full 90 days? what are my rights?

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

The fast answer is no, 90 days means 90 days - and if mailed only, an extra 4 days (including the day of mailing) has to be added to the specified deadline. So save the envelope for the postmark to prove when it was mailed. Verbal notice is nice and a courtesy but does not affect the legal... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I had a tenant move in without a lease being signed by both she and me, how much notice to vacate do I have to give?

We allowed a tenant move in Feb 15, pay prorated Feb & security deposit, without lease fully executed. Rent due first day each month. On March 4, she gives us back the lease (just her signature, we haven't signed it) and tells me she only has $180 of the $675 rent due. Additionally, her... View More

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

In my opinion, you are approaching this wrong. Yes, oral rental agreements are valid and are month to month. Since you presented the written lease to her and she signed, a Judge might or might not find it to be enforceable as a 6 month lease. Regardless, she has been there more than long enough... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent a room in my landlords house. She told me 30 days to move out. No written notice given. Is 90 day required in PDX

We are on a month to month, no lease currently. She told me I have 30 days to move out, but has given no written notice. In just a few days it will mark a year that I've lived there. Is the 90 day written eviction "no Cause" appliable here, or is a 60 day written notice required... View More

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

Any termination of tenancy notice MUST be in writing; contain the minimally required information; and be legally served. How much notice is required depends on the reason for the termination and the location of the rental dwelling. IF it is a no cause termination notice and IF the rental is... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my new landlord is breaking my lease before I move in because the current tenant is not moving out. What are my rights?

I signed the lease and paid the deposit at the beginning of the month for a professional room in wellness center with the agreement the room would be available April 1. The landlord sent the current tenant of the room a letter a few months ago stating that her lease would not be renewed for her 2nd... View More

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

You simply need to take your lease to a local landlord-tenant attorney for analysis and review. You may well have a breach of contract claim against the landlord and be entitled to recover your provable damages, so keep good records and see an attorney now. It is the only way to know what your... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can lanlord charge anything they want for utilities?

I live in Oregon. They pay the water we pay everything else. We were already being charged $100 a month for water. I live in a duplex. They are increasing it by another $100 with our new lease. That would make the total bill $400 for the whole unit. I called the water company and they said our unit... View More

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

Unlikely this is proper. See https://www.oregonlaws.org/ors/90.315

and https://www.oregonlaws.org/ors/90.532

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Does a 90 day no cause eviction have to be filed with the court system to be valid?

Or is simply posting a notice enforcable? I rent a room from the homeowner and she has decided to terminate my 1 year lease by posting a notice on my door. Do I have any rights as a tenant?

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

I am not clear on your situation. A landlord may serve you with a 90 day no cause termination of tenancy notice so long as by the time it becomes effective (i.e. day 90 or later) you are on a month to month tenancy. A landlord may not terminate a fixed-term lease early with any form of no cause... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Roommates agreed to 3 months but left in the night after 1. They left trash and a trailer full of their stuff...

We did not have them on a lease but I have texts and emails showing they agreed to pay for 3 months. They left after a month in the middle of the night, leaving us to pay their half of the rent which we cannot afford. He also left a trailer full of his stuff on our private property and I assume he... View More

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

It is not clear whether you are just a co-tenant/roommate or a landlord either leasing to them or subletting to them. Regardless, anything more than a month to month tenancy requires a written rental agreement, specifying the term of the lease, etc., signed by the tenant's sought to be bound... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If tenant is on a month-to-month agreement, can I terminate the agreement with written notice and not pay relocation?

I know that I would have to pay relocation fees if I serve a no-cause eviction, or increase the rent by 10% or more. But what if I just terminate the mont-to-month agreement? I'm confused if a termination of a mont-to-month agreement counts as a no-cause eviction or not.

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

It all depends upon why/how you terminate the tenancy. If it is for cause, then no, no relocation assistance payment is required in Portland, assuming you are otherwise not exempt from paying it (more than one rental within City limits?). If, however, you terminate pursuant to a no cause notice... View More

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