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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law, Juvenile Law and Landlord - Tenant for Oregon on
Q: Can my 15 year old grandson move his 18 year old girlfriend in to my home without asking me

Can i kick her out

Joanne Reisman
Joanne Reisman
answered on Oct 13, 2017

He can try but you ultimately get to decide who can be in your house. This assumes that your grandson is not a "renter" as defined by Oregon's landlord tenant law. I don't do landlord tenant law so if you might want to consult with a landlord tenant lawyer to see if your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hi, what are the legal causes in which a tenant can be evicted without paying the new fee as per 2017 ruling?

My tenant has violated the rental agreement on three counts: 1. housing a large dog. 2. housing his boyfriend (not in contract). and 3. Leaving the apartment in a very unsanitary condition. I am wondering if I can evict her based on these violations?

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

I assume you are asking about evicting a tenant without being liable for the Relocation Assistance Payments required of some landlords with properties within the city limits of Portland, If the landlord is not exempt from having to make those payments, they only apply if the landlord gives the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I discount my tenants' rent for not having a car in the parking lot, could the lack of discount be considered a fee?

If I were to give a discount on monthly base rent to tenants without cars in my parking lot, could the base rent of those with cars in my lot then be considered as containing a fee for parking? Could the discount be considered the deduction of a fee from rent as described in 90.302(3)(a)(E)?

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

Why raise the potential issue? It would be cleaner and easier to simply rent to all at the lower price and rent parking places to those that want for an additional rental amount. You would presumably need to patrol or enforce it but issue parking tags or permits and contract with a tow company to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The rental agreement our landlord provided has several clauses that are illegal in OR. Do we tell him?

He lives out of state and we paid the deposit electronically and received a receipt indicating it was received and what is was for. We moved in one week prior to his visit in which we would give him a check and sign the lease, with an electronic agreement of the basic rental agreement terms... View More

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

No one can give you specific advice without reviewing the document itself. That said, the general rule is that it does not matter what the lease says if the provision otherwise violates Oregon's Residential Landlord-Tenant Act, the Act controls over lease provisions. But landlords and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Just ended one year lease on Tigard, OR townhome. Landlord is charging me for maintenance work.

He wants $400 for 1. replace smoke detector batteries 2. replace furnace filter 3. replace burnt out light bulbs 4. replace toilet seats ( I have no idea why ) 5. cleaning after repairs were made. Can he legally do this?

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

Yes, he can do it - and you can contest the charges if you wish. The big question, at least from your posting, is how much cleaning needed to be done and whether it, combined with the other items, is really worth $400?

Assuming the landlord is withholding it from a security deposit...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Oregon on
Q: Can landlord keep last month's rent after a 60 day no-cause eviction if I vacate early and don't give a 30 day notice?

I am an Oregon renter, and I vacated the fifth week into a 60 day notice of a "termination of tenancy; no cause", issued to me 22 months into my tenancy. I paid the final month's rent because I did not want to be considered delinquent while I wrapped up the last few days of my move... View More

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

Yes, your landlord is correct that you would be required to provide 30 day notice if you intended to vacate prior to the 60 day notice date that he served you. He told you to be out on that specific date, NOT to be out anytime up until that date. If you wanted to be out earlier, you owed him at... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have lived in the same duplex for almost 19 years. New owner took over 10/16, Raised rent 4/17 $360.

Which we began paying on 4/17, this is after the 90 day notice.Have been on a month to month since then. Since then he has kept saying he's going to raise rent, right a lease, but hasn't done so. on 10/1/17, he is giving up another 90 day notice that he is going to raise the rent... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 5, 2017

I am a bit confused when you say you have lived there 19 years; the rent was raised effective last April; and you have been on a month to month since. Were you not on a month to month prior to that? Regardless, as long as he provides properly worded rent increase notices, legally served, that... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it legal for a person to evict somebody off land that they don't own? As if they were a tenant
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 4, 2017

Potentially. Property owners use agents such as property managers all of the time and vest in those people the power to evict.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord give you notice to move if you refuse to sign lease

Lease up in 30 days

Gregory L Abbott
Gregory L Abbott
answered on Sep 29, 2017

It obviously depends upon the exact facts and circumstances but ordinarily yes, a landlord can require you to sign a lease or get out. Why would it be otherwise - you would argue that a tenant has a right to force the landlord to let the tenant live in the landlord's house, according to... View More

1 Answer | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Oregon on
Q: I bought a home and did mold remediation in the attic - Found out later it was due to no soffit vents. Was that legal?

My question is regarding building code (for the most part).

Purchased an adult foster care home. Home inspection showed mold in attic, but seller refused to fix. During remediation, found out the mold was due to no soffit vents added to the 2003 construction - also no bathroom exhaust... View More

Joanne Reisman
Joanne Reisman
answered on Sep 29, 2017

Your best solution is to get bids to fix the problems. Adding soffits and vent fans is not extremely expensive. Oregon has statutes of limitation which prevent lawsuits after certain time periods and while there are many different time periods the statute of ultimate repose, which is the end all... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We use a property manager for our rental. They haven't got the tenants to sign the lease -- what are our protections?

The lease on our rental ended in July, and it's now October and our property manager hasn't been able to get the tenants to sign a new lease. The property manager says they don't answer their emails. Do we have any protection for our house? How do we handle this situation? Thank you!

Gregory L Abbott
Gregory L Abbott
answered on Sep 29, 2017

Much depends upon the exact details and wording of the now expired lease. You may (or may not) be able to give tenant's a 30 day for cause termination of tenancy unless they execute a new lease within 14 days. Again, depending upon the wording of your expired lease, its terms may still... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How to handle unauthorized guest in the rental house

I'm the owner of one single family rental house that I leased out to a tenant. The tenant is no problem, he is the only person on the lease, however he allowed his girlfriend (now former girlfriend) to stay with him and now he is informing me that she doesn't want to move out or... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 28, 2017

Well, you have hit upon a quagmire here. Much depends upon the exact details, both between him and her and you and him and how long you have known of her having moved in. One main issue will be if there is a landlord-tenant relationship between her and either you or him, or if she is essentially... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Under Oregon and Federal law, if I do not charge rent to a friend staying on my property, am I considered a landlord?

If they pay for utilities or property tax and I see none of it, does that change matters?

Gregory L Abbott
Gregory L Abbott
answered on Sep 28, 2017

There is no one defining item that determines a landlord-tenant relationship per se. Rent is obviously a huge characteristic and hard to think how one could pay rent and not have it a landlord-tenant relationship but no rent does not necessarily mean such a relationship does not exist. A written... View More

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Oregon on
Q: A,B,C moved into an apartment and equally paid 1400 in deposit. They moved out 1yr later and allowed D,E to sign onto

the lease so that they didn't have to pay a deposit.

ABC discussed it with DE and agreed that since there was some damages left and items left that when DE moved out they would pay back 1200 of the initial 1400 lease deposit to ABC.

DE finally moved out and got 1000 back.... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 28, 2017

It is unclear exactly what has happened or the relationship between the parties. It also is unclear what you mean by ABC allowed DE to sign onto the lease so they didn't have to pay a deposit. Are you saying all 5 were on the same lease, secured by the original security deposit? Or did DE... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What rights do we have about making valid complaints on our neighbors if my husband owns 25% of property we live on?

My husband owns 25% of duplex we live in. Father in law owns 50% and hired a property management company to manage our neighbors side. Our neighbors have violated the no smoking on property rule, have a dangerous dog that has gotten inches away from attacking us several times, let dog deficate on... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 25, 2017

This is a dispute that has to be worked out between you and the father-in-law. The property managers simply are not doing their job and all owners should be concerned if damage is being done without consequences. You don't say who owns the other 25% but regardless, let the property managers... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord served a 24-hr inspect affixed to my door with an entry time of 12am midnight...Is that reasonable?

The notice was affixed at 4pm but the time on it said it was posted at 12am. I called and left a message indicating that coming into my unit at 12am was unreasonable and that I would need a "true 24 hour notice" not one that falsely states a posted time that is untrue. They ignored my... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 24, 2017

Unless your landlord had some reason to believe that in your particular case 12 a.m. was a reasonable time (such as you work 2nd shift and just get home at midnight, etc.), I strongly doubt a Judge would find midnight to be a reasonable time for them to enter - and if they did, that could be a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my options if a tenant doesn't vacate.

Gave a 30 day notice to a roommate. (Not my house but act as the landlord's agent) Roommate paid first and last month's rent when he moved in and has acknowledged the eviction. I have another roommate lined up for the 1st of October. What are my options if the current roommate is not... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 23, 2017

You may be in a squeeze unless you have an "out" in your application or lease with the new tenant (some, but certainly not all, do). If the existing tenant does not leave, your only option is to file for eviction in court. Until he ultimately "voluntarily" leaves, or the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My sister-in-law has had a friend living in the mobile home she owns and lives in and is now concerned about her safety.

I believe that we will need to hire an attorney to make sure the correct paperwork is filled - my question is should we file a restraining order first and then the eviction notice or do them at the same time? I believe he will be viewed as a tenant, although there is no lease or other legally... View More

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

"Paperwork" is not required to establish a landlord-tenant relationship and verbal rental agreements are fully enforceable, albeit difficult to prove the exact agreed upon terms sometimes. Yes, you are wise to review everything with an attorney since all three potential areas of law here... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord's agent has refused multiple written requests to provide us with the owner's physical address.

We are on a fixed term lease with the property owner as our landlord. The address listed for the owner in our lease is a P.O. Box. When we send a letter to the owner at the P.O. Box listed on our lease and require a signature from the owner, the post office returns it as undeliverable. If we send... View More

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

Nothing that you have posted supports your allegation that ORS 90.305 has been violated. An owner typically hires a property manager precisely so he won't have to deal with the tenants complaints, etc. and that is all perfectly lawful. That said, if you check out the Washington County Tax... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Are there legal repercussions to landlords who knowingly rent to an illegal immigrant?
Gregory L Abbott
Gregory L Abbott
answered on Sep 18, 2017

Yes, their tenant can theoretically be grabbed by ICE and deported, leaving the landlord with no tenant to pay rent and with no 30 day notice, and having to deal with the tenant's personal property that is left behind. Of course they face the same possibility with any tenant, albeit perhaps... View More

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