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: If my apartment complex is changing to a month to month agreement, am I still protected from further increases for 12mt

I have lived at the complex for multiple years, but on lease agreements. (Washington County, Portland address)

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

Sorry, but no you are not. Under a month to month tenancy, a landlord can increase rent as frequently as they wish so long as they provide at least 90 days advanced written notice. The only exception is that landlords now cannot increase your rent during the first 12 months after your tenancy... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My tenants’ lease term ends soon. How much can I raise rent and how much notice do I need to give them and in what form?

Rental is in city of Portland. Intending to write a new annual lease at new rate.

Is there a lease that you prefer?

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

There is no rent control in Oregon and a landlord can raise the rent any amount they wish, so long as adequate written notice is provided and lawfully served, they are on a month to month tenancy or a fixed term lease has expired. At least 90 days advanced written notice is required. If the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my nieces landlord wont make any serious repairs. he is demanding the rent. their is no rental agreement. what can she

the roof is leaking water down through the lights.only one outlet in the living room works now. she is having to stay somewhere else. he has continued to refuse to give her a rental agreement. only gave letter saying they have taken residency there so she could get the water turned on. He is... View More

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

Your niece needs to review everything with a landlord-tenant attorney immediately. Depending upon the exact details, she likely needs to send the landlord written notice (NOT text or email) specifying the defects. After that it may depend upon what she wants to do - get out of the lease penalty... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am in a 1 year lease agreement with a roommate, I want to break the lease early but she won't sign what should I do?

I have moved out of the house I was living in with a roommate because of irreconcilable differences. I am prepared to pay my half of the rent for 30 days and 1/2 of the early breaking of the least fee. My roommate refuses to sign the agreement. What can I do?

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

The exact facts are not clear here. Are you on a written lease, with your roommate and the landlord? Or is there some sort of written agreement with just your roommate? Who do you pay your rent to - the roommate or her landlord? If there is an early termination fee, it can be up to 1 1/2 months... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there a set amount that a landlord can increase the rent by?

We were given a 60 day no cause notice but it states that our last day is only 58 days from receipt. She has also said we could stay if we pay an increase amount (5x) of rent. Our current rent is way under market but the increase is way over. Also if there are multiple adults living in the house... View More

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

Assuming your Notice was served by mail, check the postmark. She is obligated to provide at least 63 days advanced notice if the notice is mailed, with Day 1 being the day after it is mailed. If you did not get the full 63 days, the notice is likely defective and likely to be unenforceable (but... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I get this person out of my mobile home? Does he have rights if he's not on the lease & pays nothing?

My friend got evicted for non payment. He said he needed a place temporarily for a couple weeks. He is dealing with cancer, so I let him stay in my mobile home. It's now been 3 months & he doesn't seem to be making any plans to move & doesn't pay anything. I can't afford... View More

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

Assuming you are in Oregon, then yes, if he has been there 3 months, he has established a residency and has rights, no matter how infuriating that may be. IF he not only does not pay rent but also never agreed to, then he is essentially a guest who has overstayed his welcome and refuses to leave.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I lived and paid mortgage to my partner for three years. After an argument she has changed the locks. What can I do?
Gregory L Abbott
Gregory L Abbott
answered on Jan 28, 2018

Your options depend upon the exact details and facts. You likely do have claims against your (ex?) partner but the only way to really know much is for you to review everything with a landlord-tenant attorney to map out a game plan. Best of luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a renter, I gave him his 30 day notice and I think he is here. How can I check? He won't answer text messages.

I need to make sure he is out of the rental but unsure if I can enter to look. I think he is gone and left all his stuff behind.

Gregory L Abbott
Gregory L Abbott
answered on Jan 26, 2018

Like any other time you wish to enter, you have to give him at least 24 hours advanced actual notice that you intend to enter. How you can do that depends upon the terms in your lease. IF it expressly provides for actual notice by text or email, that will then work fine. If not, see if it... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, is a previous landlord legally allowed to tell a future potential landlord negative things about a tenant?

My landlord emailed this to the potential future management company that requested the previous landlord to fill out a referral form:

We are not going to complete your form. After consultation with our attorney, we have decided to provide the following statement:

"It is our... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 26, 2018

I'm not seeing where they say anything negative, they just keep it to simple facts, and there is no way to force them to fill out someone else's form.

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a 90 day notice listed as a nonlease renewal up 1/31/2018. Do I qualify for relocation assistance?

I asked if she had to pay me the relocation fee and she told me that they only had to do that if it was a mass eviction. She told me a year ago that they wanted to remodel my unit, and did not provide me with another unit, so I'm being forced to move next week. I have been a tenet in this... View More

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

The answer depends upon the exact wording of your expiring lease, the landlord's notice of non-renewal, and the landlord's circumstances (whether the landlord is exempt from paying the relocation assistance even if they otherwise would be obligated to). To the extent that she is supposed... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Doing a Lease Option to Purchase on triplex. For the current renters, am I the landlord or the owner still the landlord?

I'm purchasing a triplex on a lease-option from a relative. I will be inheriting the renters in the two units. Will I be legally the landlord or is my relative who hold the lease option contract and still legally the owner of the building is the landlord?

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

The answer depends upon the wording of your lease-option and whether you have legally accepted and activated the option. If you just have the option but have not actually executed on it so it is no longer an option but rather a done deal, then you likely are the new landlord. If you just have an... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can a previous landlord place an eviction on my record, if I was never evicted?

I am trying to get an apartment, and I keep getting denied based on a eviction that shows up on my record from a previous landlord. I was never evicted. The previous landlord started the eviction process 3 times, but all three times it was "Order Of Dismissal W/out Prejudice". How is... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 24, 2018

If you are being turned down because of a background check that reveals erroneous information, the prospective landlord has to notify you of who did the background check. You should contact them and find out exactly what they based that report on and either have them correct the report or have you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: notice of 72 hour termination??

I have currently moved into a new apartment so my rent was prorated for the first month. Through out the second month the rent payment app was continuing to show the prorated amount. My landlord lives in the building so I ran into her and asked her about the issue and she continued to tell me that... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 24, 2018

If you agreed in your written lease to the amount of rent and to email actual notice, then the landlord has a right to hold you accountable. If you tried to pay rent in full and her computer app refused to allow it, you have a better case for not being liable for the late fee (depending upon the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I have to be out February 19th can my landlord charge me a full months rent or dose he have to pro rate it?

My Lease isn't up May 1st but he gave me a no cause eviction

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

Whoa here...your posting suggests you are on a fixed term lease until May 1st. If accurate, your landlord cannot terminate your tenancy without cause before then. Plus, if you are in the City of Portland's city limits, it would have to be a 90 day no cause notice if it was otherwise legal.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have all ready move out but know the landlord says she is filling an eviction with the courts can she do this?

I have all ready moved out but know the landlord says she is filling an eviction with the courts can she do this?

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

Can she? Yes, anyone can file any lawsuit they wish. That does not mean she can win. If she does, it is important that you attend the court hearing to tell the judge that you are already out. Better yet if you can have proof that she knows you are out before she filed. It would be up to the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my options if I do not want to renew a lease with a tenant?

City of Portland

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

It depends upon the wording of your lease and, since you appear to be in the city limits of Portland, other facts may impact on whether you will owe relocation assistance payments.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can anyone provide information on the updated City of Portland Ordinance on Relocation Assistance?

OK - If an owner wanted to move back into their rental home, under what circumstances would the owner NOT be required to pay relocation fees? This is a single family home within the Portland city limits.

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

Of course but it helps if you ask a specific question. Or review the city ordinance online yourself.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent a room in a home my landlords son doesn’t like my girlfriend and is trying to stop me from having her come over

Can he limit who comes to visit me , I’m on a month to month and my landlord has no problem with my girlfriend

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

You are likely able to have whomever you wish visit but the exact language of your lease is what controls. Unless your landlord delegates part or all of his powers to the son, the son has nothing to say about who your guests are. Do understand though that being on a month to month tenancy allows... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In a month to month rental, single family home, what constitutes legal notification of eviction?Is an e-mail sufficient?
Gregory L Abbott
Gregory L Abbott
answered on Jan 19, 2018

Absolutely not. To be enforceable, there must be a written notice, containing all the legally required information and which provides the legally minimum amount of notice, and it must be properly and legally served on the tenant. Landlord-tenant law in Oregon is highly technical and any error in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: if i got a 60 day termination or tenacy from my landlord, then they let me stay in the residence longer then the 60 days

that was stated in the termination of tenacy. do i have the right to stay in the residence for a couple more days until my apartment is available for myself and my children? also what can i do about the landlords sons and the manger he hired to handle to property coming over to the residence and... View More

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

IF the landlord has accepted rent for beyond the date specified for the termination of your tenancy (and it is not returned within 10 days of being received), then they have likely waived any right to evict you under that notice. If they have not, then they likely are able to proceed to file an... View More

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.