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: How many days notice does a landlord need to provide, to increase rent by $50?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 14, 2017

It is not the dollar amount so much as where in the state you live and how long you have lived there:

https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: our landlord just gave a notice to enter to do an inspection. the problem is the notice says "possibly next week and

the weeks after" as the time frame she will be entering. don't they have to give you a date? how can you plan time off work to let them in if you don't know when they will be there?

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

I agree that notice sounds to be inadequate and defective. It would likely be best in the end if you simply responded by telling them they cannot enter under that notice unless and until they provide more specific and detailed notice. They have to provide you a specific notice in advance of each... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My storage unit is raising my rent 100%. On the notice, they state the unit number, the size, and the new amount.

Don't they also have to state the current rate (before increase), and the amount of the increase, as well? (They first served the rent increase notice only providing a 19 day notice. We spoke about it, the manager finally agreed, and sent a new notice, with well over 30 days.)

Also,... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

Yes, 30 days advanced notice (or more) is required to raise the rent. The "missing" details you mention in regards to the rent increase notice are required in residential rentals but not in commercial and storage bin rentals.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Oregon on
Q: I got a written thirty day notice and within the same week got a 72 hour notice. Which one do I follow

The thirty day notice has my name spelt wrong, and does t give a time on the last day I should be their to move out. I feel like the thirty day notice is lacking information it needs to stand up in courts. Then I got a 72 hr notice the same week claiming to pay a different amount of rent then the... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

The notices may indeed be deficient in terms of how they are worded or in how they were served. You would have to go to trial to assert those defenses if the landlord does not just concede the defectiveness. As for different rent amounts, again, that may or may not invalidate the enforceability... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I’m putting in a 30 day notice (out on the 15th) will I have to pay the full month’s rent even without a written lease?

The landlord did not require a written lease. Will I owe the full amount of the rent, or just the amount for each day into the new month before moving?

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

Residential rent in Oregon is apportioned on a daily basis. So a tenant owes rent for everyday they occupy a dwelling or until their tenancy terminates, whichever comes later. So if you only provide 20 days notice, you will still owe an "extra" 10 days rent assuming you do indeed vacate... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord give you a 72 hour notice as a first eviction notice?

Can you be evicted by 72hour notice without any other notices? Landlord has also threatened us.

We live in our own 5th wheel on property, to find out it's not even a legal safe spot.

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

Certainly - a 72 hr notice is for failure to pay rent and a landlord needs no other justification to terminate your tenancy if it is not paid within that time frame. The Notice must still be properly worded; contain a demand for only rent due (not adding in fees, penalties, late fees, utility... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can we get a 30 day notice and a 72 hour notice I. The same week

From Oregon

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

What your lease may say is meaningless - Oregon specifies notice procedures and requirements and cannot be overridden by the lease provisions. Yes, a landlord can issue multiple notices at the same time and can proceed in court under as many of them as they wish, assuming the timeframe for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a tenant in Oregon violates an occupancy agreement, what are landlord rights?

She signed the lease and paid the 6 months rent in full. Now there is an unauthorized person and 2 vehicles on the property. As a landlord, what are my rights to enforce the lease agreement? If I serve her with an eviction notice, am I legally obligated to return her money? If so, when and how... View More

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

You have to serve a properly worded, legally served, 30 day For Cause Notice of Termination of her tenancy. It gives her 14 days to "cure" her lease violations (in which case, the tenancy continues) or 30 days to get out. If she does neither, then you must file an eviction suit in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: does someone not on a lease require to be given 30 day notice to vacate, when residing in residence less than 90 days?

Person living in my home has been here for less than 90 days and have not paid a single dollar towards the agreed amount of rent. She has been asked to vacate in 10 days from now if she does not pay the full 2 previous months worth of rent. if she does but does not pay the additional rent for... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 10, 2017

No offense, but nothing in your posting indicates that you have done anything that is legally enforceable against your non-paying tenant. You need to serve her a lawfully worded, lawfully served 72 hour notice to pay the rent owed or to get out. If she does neither within that specified 72 hours... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Oregon on
Q: My question is this.... I clean houses for a living and I've been cleaning my landlady's house for the past year every

two weeks with no problem with the payment. In may I have the landlord issue and she offers to let me and my fiance stay in her rental / Garage. In exchange for rent my fiance will be helping her husband with their other rental renovating it Etc and also around the house because they're... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 6, 2017

Potentially you are owed back wages and penalties. A close examination though of the agreements is needed to figure out the amounts, as it is unclear if your work and tenancy were connected and thus she could withhold as part of the rent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I am in Oregon.My commercial lease with 1 yr term was signed 12-27-2012 can new owner hold me to terms of that lease

I have refused to sign 2 leases that he has presented me with did not agree to terms.Gave 60 day notice.Wants rent through Jan.31st.

Joanne Reisman
Joanne Reisman
answered on Nov 5, 2017

Speaking for most attorneys, we would not want to answer a question that requires the interpretation of a document that we haven't had a chance to read completely. So you are going to have to meet with an attorney and show them the lease and explain all the external happenings that are going... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm in Oregon. Can my landlord charge me for rent when I've moved out 5 days into the month but never signed a lease??
Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2017

A written lease is not required. So you owe the 5 days rent, assuming you otherwise provided at least 30 days written notice of terminating your tenancy (assuming you are on a month to month tenancy - which if it is only an oral rental agreement, it has to be a month to month tenancy). If you did... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved into our unit in a duplex in Portland OR on a month to month basis starting June of this year.

Our landlord just told us that the back unit with the yard had just come available (which is what we wanted). It will be available Dec 1. Our current rent at the front unit is 1395. We pay all utilities but garbage. At time of signing this lease, he said the back unit wasn’t much more, which is... View More

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

You can certainly try to persuade the landlord but in the end, he is free to set the rent at any price he wishes and you either pay it or don't move into it. Ironically, he may have upped the rent some precisely because he thought you really wanted it and thus would pay more to get it. Good luck.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: My landlord filed a restraining order on me. Our eviction notice is in both our names. I havent lived there in over

A month and a half. Im not allowed there. She also spelt his name completly wrong.

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

You haven't asked a question here so it is impossible to know what you want answered. It also is very unclear when you say your landlord filed a restraining order against you but that your eviction notice is in both your names. The landlord put his own name on his own eviction notice? It... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord charge me for rent money if they gave me a 60 day notice and we moved out before the 60 days are up?
Gregory L Abbott
Gregory L Abbott
answered on Nov 3, 2017

Yes, if you did not give them at least 30 days written notice of when you were vacating. Their 60 day notice was NOT a notice for you to move out anytime up to the 60 days; it was a notice to move out or have your tenancy terminated on day 60. If you wanted to vacate sooner than that you needed... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I charge tenants for labor I do to the property. Cleaning and yardwork they didnt not do before moving out.

The tenants did not clean the house. They lived there for 1 year. The interior was freshly painted when they moved in. The dog destroyed the lawn and it is now a mud pit. We had a dog there for 5 years prior and never had this problem. It is winter and too late to try and seed. We will need to lay... View More

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

The tenants are presumably liable for damages beyond ordinary wear and tear. You do not even have to have the damages repaired in order to be able to charge them (first, presumably, from their security deposit and bill them for amounts over that). If you do have repairs made, yes you can charge... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights concerning prorated rent for the month?

30 day notice given on 10/24. Rent is due on the 9th and it is always paid early. Landlord says that since notice was given after the 9th that we are responsible for the full month of rent ($700). I thought we would only be responsible for rent from 11/9 to 11/24. They are also refusing to give... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 2, 2017

You are quite correct - there is a specific statute that says rent is pro-rated daily, though there at least 3 different formulas that a landlord can use in determining the actual amount of the daily pro-rated rent. You may want to pay the whole month, per the landlords demand and see what... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I just recently moved to Beaverton from Utah. Since we were so far away my friend FaceTime us during a viewing. We have

Been there for 2 weeks and are dissatisfied. When we use the stove or oven it smokes like crazy!! The smoke detectors don't work!

Would this be deemed uninhabitable? I also have a 1 year old if that matters.

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

I suppose it depends in part on why the stove is smoking. If it truly is an imminent fire danger, call the Beaverton Fire Marshall's office and ask for an inspection. They have the power, if they believe it warranted, to tag your dwelling and require the landlord immediately fixes it or be... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My 1 year lease recently expired. I have not received any renewal applications from management. Should I contact them?

I am continuing to pay the same rent amount (the pay portal amount has remained the same) as originally agreed upon. My concern is they will, at some point, recognize the lapse in rental agreement, raise the rent, and then expect a back pay for the difference. (Even though no new contract renewal... View More

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

Well they may want it but no, until you get at least 90 days advanced written notice, properly served, of a rent increase you are not liable for it. Your choice then will be to either stay and pay the increased amount, starting at least 90 days after being served the written notice or to notify... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I be evicted by my landlord or sued by the court? Can my landlord raise or double my rent?

My landlord is being sued and I am a garnishee. I am supposed to pay rent now to the plaintiff instead of my landlord. I have to fill out paperwork and send it back to the court. I just got served today. I am just wondering what to do.

Gregory L Abbott
Gregory L Abbott
answered on Oct 18, 2017

IF it is a lawful garnishment, then yes, you must remit the funds you otherwise owe the judgment debtor (your landlord?) to the garnishor. If you do not, you can be personally on the hook for the amount you should have submitted in response to the Writ. The Writ is supposed to come with numerous... 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.