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My tenant and I agreed early November that Dec. 2nd is her last day and that is when she needs to turn in the keys. Now she is asking two days extension but I really cant. Can I say no to that and mandate move out date to be the 2nd? I want to make sure I have legal right to reject that request.... View More
answered on Dec 1, 2017
Assuming you are referring to residential rental in Oregon, you presumably can insist on a move out on the 2nd, BUT there is little you can do if she does not comply. If she fails to move out, you would have to file to evict her in court and that process can take 2-4 weeks or longer. While you... View More
Been discriminated because of disability
answered on Nov 30, 2017
Your exact status is unclear - are you actually already out? Is it just pending? Did you leave on your own, pursuant to a notice, or as result of a court order? Your options vary depending upon the answers to the above but likely you have few options and, if not resolved very soon, you can end... View More
She claimed i/we threaten her on thanksgiving, we tried to communicate to see if she wanted anything to eat she stayed in her room never came out, she been on a depression with meds and smoking weed when i told her not to do that around me cause of my CDL license, so she mad a false report but i... View More
answered on Nov 30, 2017
Who does she owe this rent to? That person likely has a cause of action against her. Beyond that, in the end you cannot control what a roommate alleges about you - to the police; to the landlord; or to anyone else. IF the police or the landlord elect to believe her claims, then you will likely... View More
Asking me for 1350 Certified Mail then told me if I wasn’t out they were evicting me and I have text messages stating to me they would not accept any rent
answered on Nov 30, 2017
Assuming you are asking about a residential rental in Oregon, a landlord is free to serve multiple notices at the same time or while the compliance period is still going on. If the tenant pays in full during the 72 hours, a landlord is obligated to accept it and if you can prove you timely... View More
I do not have a contract with them. They are not paying rent on time and have missed the last couple months.
answered on Nov 29, 2017
As long as they are supposed to pay rent, then you need to move forward immediately if you want to "cure" the problem. You have to legally serve them with a lawfully worded 72 Hr. Notice to pay their rent in full or get out. Do NOT accept partial payment of the rent or you will likely... View More
And then threatening to lock me out of my place.
answered on Nov 28, 2017
No, no, and no. While a landlord can, of course, email you a 72 hr. notice (as well as anything else), it is not enforceable or effective. If they try to evict you based upon it, you will likely win if you fight it in court and recover your court costs and attorney's fees. Rent can only be... View More
answered on Nov 22, 2017
Attorney's cannot solicit you here, you have to contact them. Try the find a Lawyer link above to search for a landlord-tenant attorney in your area. If you have solid claims against your landlord, the attorney may take your case on a contingency basis, which means you do not pay them up... View More
answered on Nov 21, 2017
Not generally, as texts are usually not acceptable as written notice. Otherwise, they do not have to give a specific time, but they cannot enter without at least 24 hours notice (unless there is an emergency, such as a broken pipe).
I own a home I currently live in, I need to sell it for financial reasons. I have a rental home that is currently rented. They have broken rental agreement by failing to maintain utilities, animal damage etc.. but I really need a place for my family to live. Is Owner Move In Eviction easier than... View More
answered on Nov 19, 2017
Your question is a landlord tenant question so you really need to go and talk to a lawyer that specializes in landlord tenant law and it is extremely wise to pay a lawyer to do all the proper notices for you to get your tenant to move out. A better idea might be to come to an agreement where you... View More
He sent me threatening text, parked outside my apartment, left VM, and tried to rush me to get home from work.
He has said very sarcastic, hurtful things n defaming remarks and called me a liar. He doesn't fix anything my apartment. I let someone else read messages n they said I should seek help
answered on Nov 18, 2017
If you don't pay your rent you should expect to have an eviction suit against you filed in court. You may or may not have valid claims for a landlord's failure to repair and maintain the premises, and it might even entitle you to pay a reduced rent until fixed, assuming you have jumped... View More
answered on Nov 18, 2017
Assuming the tenant is on a month to month tenancy and it is the tenant that gave the notice, you simply charge the tenant through day 30 (i.e. an extra 10 days) as long as they actually restore possession to you on or before then. If they don't restore possession to you until day 32, then... View More
answered on Nov 18, 2017
This is not a general real estate law question. It is a landlord tenant law question. Try reposting this as a landlord tenant law question. There are also a lot of articles on the internet about this new Portland Law, so you can google the topic and read the articles you find. Be aware that... View More
My year lease will end on Jan 31st. If I go month to month my rent will increase $410 a month. This seems excessive and I am curious about the laws.
answered on Nov 18, 2017
There is no cap in Oregon: https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm
Portland does have some special rules, but this says you are in Springfield.
If the one rental is a fixed lease with a provision stating "right to modify the monthly rent obligation" can a rent increase happen before the termination date?
answered on Nov 17, 2017
No, one of the advantages of a fixed term lease is that the parties have contracted for the rental amount, and it is fixed regardless of what the lease may say as long as we are talking about residential landlord-tenant. And while Portland's 90 day advanced notice rent increase may or may not... View More
We didn't have money to move out on time or days off together and we asked to stay till the 30th but can't pay the rest of rent till the 30th of this month.
answered on Nov 17, 2017
It is unclear what your exact circumstances are. That said, if you are on a month to month agreement, and have been there less than one year, a landlord can give you at least 30 days advanced written notice terminating your tenancy. Assuming the notice is properly worded and legally served, it is... View More
answered on Nov 16, 2017
It depends upon what your landlord wants. They can just let you stay or they can file to evict you in court if they want. If they accept rent however for past the date you were supposed to move out, they may have waived their right to enforce your move out notice.
I went to court this morning, must file answer today, judge strongly urged me to speak with a lawyer before I file. So far, I can't get anyone to talk to me.
answered on Nov 16, 2017
You are not likely to find a pro bono attorney frankly - landlord-tenant is not a lucrative area of the law for attorneys to practice in to begin with, and we have to pay our bills as well as everyone else. That said, while an Answer or other appearance was required to be filed by 5 p.m. today,... View More
She is giving me a 30 day and 72 hr notice until I pay November rent, which I already did pay, but on both sides neither of us had ever documented with receipts or anything when I pay in cash. Her word vs. Mine...who typically wins? Also she has locked me out of the house for 30 minutes one night.... View More
answered on Nov 15, 2017
This appears to just be a continuation of an inquiry you already made. Regardless, yes, you may have claims against the landlord re the being locked out, wrongful entry into your space, and the diminution of services, and if those claims held up, then the landlord would owe a month's rent for... View More
I moved in with my girlfriend and the landlord approved it, increased the rent but never put me on a lease agreement like she said she was going to do. She now is trying to give my girlfriend and I a 72 hr eviction notice but I am not even on the lease. What steps does she need to go thru in order... View More
answered on Nov 15, 2017
Your landlord must serve a properly worded, lawfully served 72 Hr. Notice on the lease holder - apparently your girlfriend. She is free to serve you an informational copy as well though is not legally required to. If the rent is not timely paid, then she does not have to accept rent after the 72... View More
They have raised the rent with the proper service. What should I do about the rental agreement? Thank you for your help!
answered on Nov 14, 2017
Either give them a copy of your copy or simply enter into a new lease with them. I am guessing they have a month to month agreement with you anyway so they can always up your rent, or change your rental agreement, or require you to enter into a new one with just 30 days advanced notice anyway, so... View More
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