Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On month to month tenancy in Oregon how many times can landlord raise rent with proper notice?

I'm on month to month tenancy in the dalles Oregon. My landlord has raised the rent 3 times within a years time. Rent is being increased again starting April 2018.

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

A landlord may not raise rent within the first 12 months of a month to month tenancy. After that, they can raise it as frequently, and as high, as they wish so long as they provide at least 90 days prior written notice before the raise becomes effective. If you are within the city limits of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do i make a family member move out?

I purchased my home from my sister. My mother lived in the finished basement of the home under verbal agreement only. She left for a few months and moved back in under certain also verbal conditions that she has not satisfied. I need to get her out of the home permanently and legally. What do I do?

Gregory L Abbott
Gregory L Abbott
answered on Feb 20, 2018

It is not clear from your posting whether there is also a legal landlord-tenant relationship between you and Mom. If there is, you have to legally terminate her tenancy according to proper grounds and with legally minimum notice. If she still does not leave, then you have to file an eviction... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is my landlord required to replace a microwave w a working microwave of a different choice if pst 2 microwaves faulty

I requested a convection to remedy issue. It also, affects my disabilities and I find it unreasonable. They requested I file a reasonable accommodation. I don't understand because it is still a microwave and the faulted ones keep giving me are creating me stress. I live in subsidized hud... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 20, 2018

As long as the replacement unit provides at least the same basic functions as the original unit being replaced, it is the landlord's choice of brand and model, including replacing with the same as before. Perhaps you can file a reasonable accommodation request for a different machine but then... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My boyfriend and i have a lease agreement in both of our names. Can he request me being evict

We have lived in our apartment for 5 years and both our names have been on the lease. We have a 2 year old and decided together it was ok I was a stay at home mom. Now he wants to get me evicted bc I'm not making money and thinks he can bc I'm not not contributing. I'm scared bc I... View More

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

I don't do landlord tenant law so I can's answer the question about whether you can be evicted or not. (If your name is on the lease I think your relationship is with the landlord who is leasing the property, and your boy friend isn't the landlord - he is just also on the lease.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I was 90 days to vacate because owner wants to sell without an option to leave early with penalty is that legal.
Gregory L Abbott
Gregory L Abbott
answered on Feb 18, 2018

I am not clear about your situation but if you've been given a 90 day no cause termination of tenancy notice, you must be on (or will be by then) a month to month tenancy. If true, there IS no early termination penalty. If you want to vacate sooner, though, like any other time a tenant ends a... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: my landlord charged us $300 for a broken railing during the lease and now I’m moving out but he never fixed it. Legal?

The railing was clearly rotting wood but to be fair we where hanging a hammock to it and a near by tree so I understand that’s not exactly it’s intended use. When my landlord found out he gave us about two weeks to make the the payment and then it’s now been 7 months and he hasn’t fixed it.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 17, 2018

The damage was done, so at some point it either has to be repaired or the property is worth less due to the damage. Honestly, to hire a contractor to fix it might cost more than $300.

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord parents and siblings broke into my unit, and they damage some furniture and I can't find some of my things,

And now thay are saying that they are going to get rid of my stuff , so what do I do, Gladstone Oregon please help me, thank you

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

You need to review everything in detail with a landlord-tenant attorney right away. If they truly broke in and stole property, you may also want to file a police report though don't be too surprised if the police don't do anything much about it. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: After move out, landlord did not send invoice or refund on deposit for 44 days. Entitled to full deposit back?

We moved out 1/1/18, we had to call on 2/13/18 to prompt her to issue us refund on deposit and applicable invoices for charges for deposit not refunded. When we did get deposit, she withheld $660, which includes $300 for painting 3 bed/1 bath, $100 for cleaning an oven/fridge/windows/floor, $140... View More

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

If no refund or accounting was sent to you within 31 days of your restoring possession to the landlord, you are entitled to recover twice the amount not refunded or accounted for, not just the $660 that was eventually refunded. The landlord can still deduct valid damages from the doubled amount... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a verbal agreement with apt mgr to pay Feb rent late. Owner came by and gave me a 72 hr notice anyway. legal?

I have a verbal agreement with my apartment manager to pay Feb. rent late. Half on Feb. 20th and then the rest with March rent, which then I would be all caught up. Owner of the building came and put a 72 hour notice on my door Feb 13th, about 2 weeks after talking with my manager. Is the 72 hour... View More

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

Assuming it is otherwise valid, the 72 Hr Notice likely is enforceable. First, since it is only verbal, you may well have a proof problem in court (you think the manager is likely to testify in your favor and against his boss and risk his job?). Second, even if you convince the Judge, the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: can a landlord cancel a 90 day no cause eviction after over 30 days to avoid paying relocation assistance?

I live in a 3 bedroom home in Portland Oregon. I received a 90 day no cause eviction on January 1st 2018. I have been informed that in Oregon, if a landlord serves you a 90 day no cause eviction, they must pay the lease holders relocation assistance. Today, our landlord sent us papers stating that... View More

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

The 90 Day No Cause Termination and Relocation Assistance requirements apply to dwellings within the city limits of Portland, not state-wide. Yes, I know of no reason that a landlord cannot rescind a termination of tenancy notice at any time prior to its effective date, at least up until when you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How many days does a person need to stay in a home in Oregon to gain tenancy rights?

I have a vacation rental and someone just rented it for almost a month. That is unusual and I'm worried.

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

"Vacation rentals" are specifically excluded from being covered by Oregon's Residential Landlord Tenant Act ("ORLTA"), so those requirements applying to tenancies are moot as long as it is a true vacation occupancy. "Vacation Occupancy" of a dwelling unit (not... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Received a 72 hour notice of termination for nonpayment of rent, stating that rent must be paid by 11:59pm on 2/15/18

I'm moving out on the 21st of this month can they evict me before 2/21/18

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

They can file an eviction action in court anytime from the 16th on. But your first appearance in court would be no less than 7 days and no more than 14 days from when they file. As long as you both are out by the date of the first appearance AND you timely show up in court, any eviction should be... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord edit a no cause eviction notice from 30 to 60 days or does he have to re issue a new one?

I was given a 30 day no cause eviction notice on 1/10/18. I immediately looked up the laws and saw I should be getting 60 days (I have lived here almost 3 years, go month to month now after the first year, and he is pursuing a no cause) so I texted him asking why I wasn't getting 60 days. No... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 10, 2018

The only question here (assuming your posting is accurate of course) is what you want to do. You are absolutely correct, the landlord cannot "amend" the no cause notice without giving you at least 60 days notice from the date it is served. But why oh why are you telling the landlord... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can I ensure that my landlord knows about the portland relocation assistance ordinance?

I live in a 2 bedroom unit and I believe she needs to pay me $4200. She served me a 90-day notice on 1/29/18, and from what I have researched she has until 3/15/18 to pay that. I do not want to add fuel to the fire, so to speak.

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

Why would you want to? It is the landlord's duty and obligation to know and comply or be subject to the consequences. IF they do not pay you (AND are obligated to - i.e. the landlord is not exempt from having to pay the relocation assistance) at least 45 days prior to the termination date in... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Oregon on
Q: If I am a home owner renting a room in my house with no lease agreement, does Oregon law apply to the 30 day notice?
Gregory L Abbott
Gregory L Abbott
answered on Feb 9, 2018

Absolutely - all Oregon Landlord-Tenant laws apply to you and your tenant. If you are in the city limits of Portland, you may have additional obligations and time/notice requirements. For example, you don't say what sort of 30 day notice you are referring to but if it is a 30 No Cause... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month-to-month lease with two people, can one put in 30-day notice and have the lease amended to only have 1 tenant

I put in a written 30-day and requested there be an addendum added to only list the remaining tenant as a renter. Landlord stated that the lease would end and new tenant would have to reapply, which they are not allowing.

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

Landlord is correct if you both signed the same lease, either of you withdrawing terminates it unless the landlord specifically agrees to amend it. The remaining person can enter a new rental agreement if both he and landlord wish but original lease is terminated by withdrawal of any co-tenant.

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Oregon on
Q: I need help with a landlord debt plus he is dying in hospice care

We rented a property for $22,000 total gave him $11,000 up front with the remainder agreed we would pay the day we where to move in.

We had a lease he emailed me to be signed the day we arrived also. The day my husband was leaving to go there he texted saying he didn't want us to... View More

Joanne Reisman
Joanne Reisman
answered on Feb 8, 2018

This isn't something that can be figured out on line. You will need to talk to an attorney and your action will either be against this landlord if he survives or his estate. It is probably going to be very messy. If he dies you will have to make a claim against his estate and get in line... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Quickest route to evict a tenant: late payments, smoking pot/cigs in house. Our prop mgmt company is unhelpful--

We are owners with a property management company acting as liaison with tenant/payments/etc. We did an interior inspection with the property management company because so many of the neighbors were contacting us about lots of cars coming and going, loud parties, etc. The interior inspection showed... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 7, 2018

Everything depends upon the exact details. If the tenants are currently late on rent, a 72 hr notice is appropriate. If past rent has been late but now paid, a 72 hr notice is no longer appropriate though a 30 day for cause might be. The other, non-rent related violations are subject to either a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: May we send a No Cause Notice after sending a For Cause?

If we sent a 30 Day For Cause Notice and the tenants did not cure all the points, may we now send them a No Cause Notice?

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

You can always serve multiple notices at the same or overlapping times. That said, assuming your 30 day for cause was valid, and they did not fully cure the defaults, why would you serve a new notice instead of just proceed to evict under the existing but not fully complied with notice? You may... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I got a 14 day notice. If I ride that out plus the 30 day am I still obligated to pay rent?
Gregory L Abbott
Gregory L Abbott
answered on Feb 4, 2018

Yes. You are obligated to pay rent for every day you are in possession of the dwelling or until your tenancy ends, whichever is last.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.