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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My rent increased 40% at the end of 1st year, by email notice. Fearing eviction, I paid the increase.

Notice did not include all required info, not delivered in the legal manner. I had less than 30 days notice. Am I due back rent? Rent is going up again at end of 2nd year.

Gregory L Abbott
Gregory L Abbott
answered on Dec 27, 2017

As you appear to know, any legal rent increase requires at least 90 days prior written notice, properly served. Additionally, if you are within the Portland city limits, you may be entitled to be paid relocation assistance money if the rent increase is large enough and you elect to move instead of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I've done everything to evict this person. I have the writ of execution. This person lives in a travel trailer. Can it b

Can it be stored in our storage place. What do I do?

Thank you

Gregory L Abbott
Gregory L Abbott
answered on Dec 27, 2017

I am not quite clear what your status is or what you are asking. If you have a Writ of Execution, you just need to arrange with the Sheriff to have it served and the people removed. After that, you have to follow the requirements of ORS 90.425 as to removing or disposing of all personal property... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do you evict someone who has been staying rent free with no rental/lease agreement? How much notice do they get?
Gregory L Abbott
Gregory L Abbott
answered on Dec 25, 2017

A crucial issue is whether there is a landlord-tenant relationship and it may not be as simple of a question as you think. IF there is no such relationship, you need to file an ejectment lawsuit in court to get rid of this person. Unfortunately, ejectment suits normally cost more and take longer... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant that is not on the lease but is using hard drugs in my house. How do I legally evict him?

This person has been living in the house for one year therefore he has renters rights. He is also refusing to pay rent or utilities if I evict him.

Gregory L Abbott
Gregory L Abbott
answered on Dec 20, 2017

Is this person an adult or a minor? Is he there as a "guest" of the person that is on the lease? If rent is 8 days or more behind, you simply serve a legal 72 hr notice on the person on the lease and include the terms "and all others" - e.g. To: John Doe and All Others. It... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a half-rented duplex exempt from City of Portland Relocation Assistance?Does it matter what the other half is used 4?

The ordinance says the requirements "do not apply to a landlord....only one Dwelling Unit that is subject to the Act in the City of Portland..." ORS 90.115 states the chapter only applies to dwelling units under a rental agreement. I assert that half of the duplex is not (and will not... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 15, 2017

It is difficult to speculate how a court will rule with any certainty any time and even more so not knowing the exact details or what the other half is being used for. That said, just based upon the information you have posted, I suspect your argument would prevail. It seems likely that you have... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights under the circumstances of holding rent for landlord not fixing problems mold and roof have caved in
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 15, 2017

This information from the bar should help guide you: https://www.osbar.org/public/legalinfo/1256_GettingRepairsMade.htm

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How will our case stand up in court?

How will our case stand up in court? Were served a 72 hour notice for nonpayment of November rent. Landlord filed. She nailed and mailed without four days for mail service. only a half of a month late, precedent set in prior months with paying throughout the month without eviction. We have a... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 12, 2017

The exact details here are important. When you say you have a verbal contract and nothing in writing as to when rent is due - are you saying there is no written lease agreement at all? Or just that it somehow fails to specify when rent is due? IF there is no written lease agreement, AND the only... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a tenant moves after the lease agreement is met, and the other tenant stays in the unit can the property charge

If a joint lease agreement is entered, And one of the tenants move after the lease agreement is met, and the other tenant stays in the unit for an additional year, without a new lease being signed, can the property management company charge both parties for damages to the unit even if they were... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 12, 2017

If I understand your posting correctly, 2 parties co-signed a fixed term lease. At the end of that lease term, one of the parties vacated, having given notice to the landlord while the second party stayed. Now when second party vacates, you wish to know whether the landlord can charge both... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the landlord force the tenant to pay rent after their move-out date so that they can inspect the property?

I gave notice in writing to terminate my lease early with a specified move-out date more than 30 days after the notice was given. The property manager stated that they needed to tack on another week to the specified move-out date in order to conduct an inspection of the property, document the... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 11, 2017

It depends upon your exact situation. It sounds as if you were breaking a fixed-term lease. If so, you either owe a lease break fee as specified in the written lease or you would continue to owe rent until a new tenant assumes liability to pay rent, as long as the landlord makes reasonable... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I send my rent check autopay thru my bank on the 1st of each month, can I be charged late fee's for the mail being late?

My landlord is constantly harassing me, but I can't control the mail! What can I do?

Gregory L Abbott
Gregory L Abbott
answered on Dec 11, 2017

While it may depend upon what your lease says, the general rule is that the landlord has to have received it no later than the 4th day of the month (assuming it is officially due on the 1st) and can charge a late fee as of the 5th day if the lease otherwise provides for it. It is not their fault... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord force a move out date and a release of claims into a request for reasonable accomidation?

We have been evicted due to this clause and are considering a stay and appeal under discrimination grounds as this would appear to violate the Fair Housing Act by placing conditions of the residency of a disbled tenant, but the trial judge refused to even consider the question and we cant seem to... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 9, 2017

The only way to know if you have a potentially viable case is to review it in detail with a landlord-tenant attorney, going through everything systematically. Good luck.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: If we have made partial payment of rent, can they landlord still win an eviction (72hour) in court?

landlord served eviction notice on door and via first class mail. I don't believe she gave additional 4 days for mail. we paid half the rent about a week later, so after the due date. she filed in court and we have been to the preliminary hearing. our main hearing is wednesday and i think we... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 9, 2017

You are unlikely to be able to postpone the trial. Extra days for mailing are not required if it was both posted and mailed (written lease provides for that?). If partial or all rent paid and not refunded within 10 days you might well have a winning argument but you would be best off having an... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: i'm on section 8 housing does the landlord have a right to do a separate inspection then HUD does each year?

the notice i received states that they are inspecting for moisture, maintenance concerns, safety issues, housekeeping and potential pest problems. do they have the right to tell me how to keep my house? I live in a 2 bedroom apartment with teenagers and as most people know teens are the hardest to... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 6, 2017

As long as the landlord provides at least 24 hours advanced actual notice of their intention to enter, and it is for a reasonable reason and not so frequently as to harass the tenant, certainly. HUD inspects to be sure the dwelling meets basic, minimum standards before they are willing to pay... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the legal process to evict tenants if the signed tenant & landlord lease agreement has expired?
Gregory L Abbott
Gregory L Abbott
answered on Dec 6, 2017

It could depend upon what the lease itself says about what happens upon expiration if it was a fixed term lease, or perhaps it was a month to month tenancy agreement? Regardless, while I would need to read the lease to be sure, most likely everything simply converted (if it was not already) to a... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Q: Does a landlord have to give notice before coming onto your property for instance fenced in yard or private area
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 6, 2017

Usually yes, but if your lease has some sort of landscape maintenance provision that allows them to for that purpose, then they would not if that is why they are there.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have received a total of 5 notices to enter in the past two months. It feels a bit excessive. What are my rights?

I have been renting my apartment for two years. In August, a new property management company was hired and they did an inspection on August 1st. In the past two months, we have received a total of 5 notices to enter (so on average, we get one every other week). The first 4 were to do repairs and... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 4, 2017

A landlord has the right to enter to do repairs and to inspect but not the right to enter so frequently as to harass the tenant or interfere with their right to quiet enjoyment of their tenancy. So ultimately this would be a judgment call and while admittedly it may be approaching the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord restrict what day a tenant can give notice?

My daughter is on a month to month rental agreement. She rents a room out of a shared house. She wanted to give her 30 day notice today (Dec 4th), but the lead leaseholder of the home said she had to give notice by the 1st. Rental agreement does also state notice is to be given by or before 1st. My... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 4, 2017

Absolutely not - a tenant can give written notice any day they wish and rent must be pro-rated on a daily basis when the tenancy terminates, regardless of what a lease says. Tell daughter to date, sign, and serve her notice, keeping a copy and noting the date/time she hands it to the landlord.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: When and how do I contact my renter about nonpayment of rent.

We have a rental property in Klamath Falls, OR. We have a month to month rental agreement. It states rent is due on the 1st of the month and a late fee will be charged for rent paid after the 5th of the month. The renter has always been good about paying rent until this month. I would like to know... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 4, 2017

You can informally talk to the tenants anytime to see what is going on. That said, if you want to enforce things, you can serve a 72 hour notice anytime after rent is a full 7 days late. There are specific requirements as to what information must be included in the 72 hr. notice, and it must be... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have a rental which we have a two year rental agreement with tenant. We need to sell rental but there is still 10 mo

Left on rental agreement what can we do?

Gregory L Abbott
Gregory L Abbott
answered on Dec 3, 2017

You are free to sell and buyer just becomes new landlord for the balance of the lease-term.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlords want to do an annual inspection of my 6 month old rental. Can they enter on a day I am not home?

My appt complex ownership recently changed. The notice provided says they will come next Thursday or Friday and won't accommodate special requests. I don't know any of the people that are doing the inspection and am not comfortable with not being present. I have only lived here 6 months... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 1, 2017

Well the good news is that they have no choice about accommodating "special requests". Yes, they can enter when you are not home as long as they have provided you with at least 24 hours advanced notice of their intent to do so. However, they do not get to dictate and a tenant is free to... View More

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