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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my lease (Oregon) includes a $200fee for “professional”blind cleaning to be taken from our security deposit.

I know this is considered normal wear and tear. They say they include the fee bc if we try to clean them ourselves, we will likely damage them and it costs more to replace it than it does to have them cleaned. We’ve fought them on this and they won’t budge. I haven’t resigned my lease here... View More

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

You not only have leverage, you win the argument if things are as you represent. A landlord may only charge fees which are specifically listed in Oregon law - all others are unlawful. Rather than fight about it now, you may wish to simply ignore the issue until they attempt to actually charge... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Are landlords able to charge tenants with tresspassing if the tenants have been living in a residence while paying rent?

There was no rental contract made and there was no written notice given to us. We were given a certain amount of time to move out through a text message. The landlord is saying that if we don’t leave by that date then they will be charging us with tresspassing.

Gregory L Abbott
Gregory L Abbott
answered on Mar 8, 2018

Your landlord is either bluffing in an attempt to intimidate you or simply does not know what he is talking about at all. First, if you have ever paid rent to the landlord for that dwelling, they can ONLY legally get rid of you through a court order. Once you have established a residency, you are... View More

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2 Answers | Asked in Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: Can someone that I was living with, rent-free, for ninety-four nights, put all my belongings outside on her front porch?

(I had keys to the house and the porch is open and visible, so you can see right into it.) I had to leave on very short notice, this past Saturday. I do not own a car and I can only carry so many things with me. We agreed that I would come back today to get the rest of my things. I texted her... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

Go get the stuff.Ask friends, family for help. Legally you have an argument to make but your stuff get's taken you don't want to be tied up making arguments--spend the time getting a ride. A cab if you have some money. Free rent that long means she's going to get the sympathy.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights when I'm given entry into a dwelling from a person authorized to be there given the key?

I have messages to prove that he was offering me a place to live as well as wanting to collect first months rent to make repairs, now the homeowner wants me out.

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

The exact details are crucial here. IF you have formed a legal and valid tenancy, then you are entitled to all the rights of any tenant. If, for any reason, the landlord subsequently wants you gone, they must go through all the required hoops of providing you lawful Notice and the appropriate... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How often can landlord inspect? They do quarterly inspections go into my bedrooms,cabinents and private space is legal?

Is this invasion of privacy

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

A landlord can enter as needed or desired, as long as they give at least 24 hours advanced notice or have your permission, and as long as it is not so frequently as to disrupt a tenant's right of quiet enjoyment of their tenancy. 4 days a week for non-repair related entrances? Likely too... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice do you need to give a tenant to renew a lease with a rent increase in Washington County, OR and Salem?
Gregory L Abbott
Gregory L Abbott
answered on Mar 1, 2018

Month to month tenancies require at least 90 days advanced written notice to raise rent - but rent increases during the first 12 months of the tenancy are unlawful. Fixed term leases normally specify within them the terms and/or events that happen upon expiration. Usually a lease either... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord charge a lease break fee if they evict a tenant for non-payment of rent?
Gregory L Abbott
Gregory L Abbott
answered on Mar 1, 2018

No, a landlord can only charge a lease break fee if it is specified in a written rental agreement and the tenant abandons or relinquishes the rental unit without cause - see ORS 90.302(2)(e).

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am a landlord on a month to month contract with my tenants, and have only owned the property for 3 months, when can I

raise their rent? and do I have to follow the 10% rule? The last increase from the last landlord was last june. Im in portland OR

Gregory L Abbott
Gregory L Abbott
answered on Mar 1, 2018

Month to month tenancies cannot have their rent raised during the first 12 months of the tenancy. After that, rent can be raised as frequently and as much as the landlord wishes, so long as at least 90 days prior written notice is provided to the tenant. If the rental is within the city limits of... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my previous landlord pin me with damage fees is they refused me to sign off the lease without reason?

The office refused my request to sign off the lease when I was not primary on the lease agreement and now they are trying to get me for damage fees when I haven't lived there over 3 months.

Gregory L Abbott
Gregory L Abbott
answered on Feb 28, 2018

It depends - we're you on a fixed term lease and broke it early? Or were you on a month to month tenancy? If so, did you provide at least 30 days prior written notice to the landlord that you were terminating your tenancy? If you lawfully terminated your tenancy, it likely also legally... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: im being evicted for non payment. i went to court and they've given me five days to move out. is that legal?
Gregory L Abbott
Gregory L Abbott
answered on Feb 28, 2018

You may or may not have had technical defenses, such as the written notices you were served by the landlord might not have contained all the required wording or have been served improperly but it is too late for that now. If you did not make an agreement with the landlord at your first court... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Tenant and I agreed to rental terms prior to Application Approval verbally. Tenant claims we have a binding agreement.

A Father came to look at our rental for his newly graduated college son. I gave the Father a Rental Application as well as an Oregon Rental Application Addendum & Fee Disclosure. The Father dropped of both signed agreements (by his son) two days later with a $50 non-refundable processing fee.... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 27, 2018

IF there is to be an early termination fee, then it MUST be a fixed term lease and not a month to month. Fixed term leases MUST be in writing, signed by the parties. Only month to month tenancies can be by verbal agreement alone. Now you may still have problems with unhappy tenant(s) and it is a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Myself,adult son,adult daughter and her boyfriend moved into apt over a year ago..complex manager approved all of us.

With my son being the only one written on the lease, and 2dogs. She knew about each of us living here and gave us approval to live here. 3 months ago she lost her job here and a new manager was brought in. Daughter and boyfriend moved out in may 2017. Now we are being harassed about myself telling... View More

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

You should have been at least listed on the lease as permitted occupants - but that is behind you now. As long as they accepted rent for 3 or more months knowing you were there, they likely have waived their right to terminate your son's lease or evict you directly. However you don't... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: roommate gave 30 days written notice today Got all her belongings out &then threaten to hit me can I get locks changed

I’m afraid of her and brought her friend over that we agreed not to have as her friend stole from me. I’m the main renter and she was added to my lease

Gregory L Abbott
Gregory L Abbott
answered on Feb 22, 2018

You can file to obtain a FAPA Restraining Order against her if you believe you have grounds. If it is granted, then you may have rights to have your landlord change the locks or otherwise remove her but as represented, at the moment, she is still a co-tenant and you have no more right to lock her... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in North bend Oregon and the landlord lives in the house and rents the room to me collected rent after verbal 30

Is this the law that I have to pay the full next months rent after verbal 30 day notice to be kicked out of the room I rent because he's offended by me calling the police and ambulance on him for being drunk and disorderly conduct neglecting to take care of his elderly mother who has... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 22, 2018

First, a verbal termination of tenancy notice is invalid and unenforceable. It MUST be written (not email, text, verbal, etc.); contain all the required specific information; and delivered to you either in person (NOT slipped under your door, etc.) or mailed to you regular first class mail (not... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am on a six month lease agreement. My landlord has notified me that my lease will end on May 31st.

My landlord advised that if we wish to renew our lease we will have to sign a new lease with an increase of rent. Live in Jackson County. Is this legal?

Gregory L Abbott
Gregory L Abbott
answered on Feb 22, 2018

Assuming you have a written lease agreement, it should specify when it expires - presumably May 31st but check it. Then it depends upon what your lease says happens upon expiration. Some leases simply terminate and you are expected to be out by the end of it or make other arrangements ahead of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: landlord is selling giving me a 30 day "eviction notice" Lane county. Don't they have to give me more time?

They are upset because I asked that the lock box be removed from the front door as we don't have a showing agreement with set times, frequency ect. She doesn't want to compensate me for a showing agreement so she text me this morning saying a 30 day eviction notice will be sent.

Gregory L Abbott
Gregory L Abbott
answered on Feb 22, 2018

First, are you on a month to month tenancy? If so, have you been there for a year or more? If you are on a term lease rather than a month to month tenancy, the landlord has no right to terminate your tenancy until after your lease term has expired. Any termination of tenancy notice MUST be in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have to pay rent during eviction?

My landlord will not fix ANYTHING in the house, it has Mold and flood damaged, heater is also condemned, she never had anything inspected before we moved in 2014, I have 4 kids in this house. and now we are being evicted for the 3rd time, after the house has been in many foreclosure..

Gregory L Abbott
Gregory L Abbott
answered on Feb 22, 2018

In principle, a tenant owes rent for every day they are in possession of the dwelling, assuming their tenancy has been otherwise properly terminated. However, you may be entitled to a reduction in rent for the habitability violations and/or other possible violations of the landlord-tenant laws by... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: I have damage and mold from a burst pipe and the landlord won't fix it or anything in the house what rights do i have?

2 years ago when we had record rains in Dec out house we rent shifted and raised the flooring in the kitchen like the beam is pushing up. my husband noticed the kitchen floor was getting wet. he looked under the sink and saw the brand new garbage disposal was leaking he was cleaning it up and... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Feb 22, 2018

While there is no law which clearly concerns mold exposure in rental buildings, the landlord is responsible with providing tenants with adequate living conditions under the warranty of habitability, which includes taking care of mold contamination. You should not have to pay for having this issue... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I just got a notice (90 day) in the mail raising my rent 37.5% I live in Washington county. Is this legal?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2018

Assuming the Notice is technically valid and contains all the required information, provided at least 94 days notice, including the day it was mailed (count it out on the calendar - 1 day off and it is unenforceable), and was properly served (first class mail only, NOT certified, return receipt,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I've been renting for over 12 years. During that time he has done no repairs on the inside.

I gave him a list of repairs 2 years ago and still nothing has been done. I have had a garbage disposal that was working when I moved in and he refuses to replace it. The list of repairs also included the carpet which is buckling. I telephoned a local carpet place in town and they said carpet... View More

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

Oregon landlord-tenant law specifies minimum habitability requirements for any residential rental dwelling. You are entitled to force the landlord to comply and you are generally entitled to pay reduced rent until he does fully comply if he delays at all. To the extent that you need to sue for... View More

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