It sounds as if you are being evicted in court for failure to pay rent and that your landlord may be concerned that if they accepted a rent assistance payment, they would waive their right to evict you, at least at the moment. If so, assuming the landlord has jumped through all the legal hoops he... View More

You don't provide anywhere near enough information to be able to properly advise you but no, restraining orders have nothing to do with landlord-tenant relations per se. If you want to evict a tenant for cause, you must comply with all the landlord-tenant and eviction laws and obtain a court... View More

This is a landlord tenant law question, not a general real estate law question. Try reposting it as a landlord tenant question. Or better yet, just make an appointment to talk to a landlord tenant lawyer. Just from your brief summary I suspect that the landlord has violated Oregon Landlord... View More

If you neither own the property nor are the primary person on the lease, the person who has the right to occupy the property, the boyfriend who rented the place, can decide who can live there. As long as he gives you proper notice under the landlord tenant law, you may just have to move. I... View More

A landlord may not just charge blanket fees. Rather it must assess each situation on its own merits. If the tenant damaged the paint, they can be charged for it. But only if they damaged it and 18 months has nothing to do with it. They can charge for cleaning but only if necessary and only for... View More

It depends upon the details - does the tenant pay the utility charge directly to the landlord or to the utility company? Even if it is to the utility company, many times the landlord is a guarantor of the account meaning that if the tenant does not pay, the utility company comes after the landlord... View More

Arguably a tenant is able to recover all additional rent paid during the prior 12 months, plus their court costs and attorney's fees, plus not have to pay the increased rent for at least the next three months, or until the landlord does provide proper and legal 90 days advanced notice of the... View More

Of course you can be charged for repairs if you caused the damages. Your landlord could have simply raised your rent any amount she wished; she did not have to evict you to be able to do so. If you didn't want to pay it, then you could have terminated your tenancy and left.

In commercial landlord-tenant law, almost everything is governed by the lease terms. Many commercial leases, but not all, do indeed require the tenant to repair and/or replace HVAC systems and other such infrastructure items. Your current lease may expire before the anticipated life span of a new... View More

You are obligated to both be out by, and pay rent through, November 7th unless you give at least 30 days written notice that you will be out sooner. If you give such notice, then you will owe rent through that 30 days. That said, many landlords are happy to have a tenant leave earlier than their... View More

It is up to your landlord how/when she gives notice. She cannot raise your rent before the latter of the end of your fixed term lease or providing you at least 90 days advanced written notice. But she is free to serve you that notice anytime so long as the effective date of the raise is after... View More

Maybe. Crayon on the wall is definitely outside normal wear and tear. Worn paint on stairwell handles - depends what you mean. If just worn from normal use, that is probably normal wear and tear. Abraded or damaged paint - that is not normal wear and tear. Outline of bed on wall? Not sure... View More

You are quite correct that he cannot lawfully serve a 72 hr notice until your rent is at least a full 7 days past due - and then it must be properly worded and lawfully served (text messages and email do NOT comply), and yes, if you pay the full amount due within the 72 hours, the landlord must... View More

No, you would still need to go through all the statutory requirements, obtain a court Order, etc. Any provisions to the contrary in a lease or other agreement would simply be unenforceable at best and possibily render the landlord liable for damages if he/she knowingly put unlawful provisions in... View More

Anyone can act on behalf of your landlord IF, and only if, they have your landlord's permission or direction to do so. That said, the law is that they have to provide at least 24 hours advanced notice of their intent to enter your premises, so a week in advance is likely lawful in Oregon.... View More

I am not quite clear about your circumstances but am interpreting your posting to mean that your lease expires in 30 days and does not otherwise self-renew. Hence, your landlord expects you to vacate at the end of the lease term. Everything depends upon the exact wording of your lease as to what... View More

You don't provide enough information to even understand what you are asking. It is not apparent what your job and/or caring for family members has to do with your landlord, what you want a letter for, or even if the landlord objects to anything you are doing. Plus you don't say if you... View More

You can try petitioning the court to set aside the Judgment against you but you likely have an uphill battle. You had a court date; you knew it but put other things as a higher priority; the court is not too likely to be very sympathetic. It is a shame since acceptance of rent, if you can prove... View More

If you are giving a tenant that has occupied the property for a year or more a no-cause notice of termination of their tenancy, then yes, you must provide at least 60 days prior written notice unless the rental is within the city limits of Portland. Then it must be at least 90 days.

First, no one has the legal right to act on the deceased's behalf unless and until a probate is filed and a court has appointed them to be Personal Representative of the estate. Then they still have to comply with normal landlord-tenant law. So is highly doubtful that beneficiary has any... View More