First, retaliation is hard to prove. Secondly, the retaliation has to be related to your reporting something to the landlord that is in regards to your tenancy. It would be hard to argue this is, though tangentially I am guessing it is. See this link that lays out the rule:... View More

I am not quite clear what you are asking but email is NOT a lawful means of serving written notices in Oregon landlord-tenant law. IF that is how you sent the 30 day notice and you may want to rely upon it in court on an eviction action, you might as well immediately start over and serve it... View More

If you can prove the amount demanded in a 72 hr notice was more than owed, you may well have a valid defense. Review it all with a landlord-tenant attorney to have it properly evaluated. If the attorney believes you have a strong case, he/she may take the case on a contingency where you would not... View More

The first thing to find out is whether the house really was foreclosed and to confirm the current owner. You may want to approach the current owner and inquire about renting/renting to own/buying the home if you are interested. The danger, of course, is you will be calling their attention to the... View More

My first question is whether you did everything correctly on the 30 day notice. I don't know what you mean by the 72 hr notice being refused but ALL notices that are mailed MUST be mailed regular first class mail - NOT certified, registered, or any other special method. Given the tenant has... View More

It depends upon what you mean by "moves out". IF a tenant has voluntarily terminated his tenancy, regardless of whether it breaches the lease, then the landlord is free to take possession and freely do whatever needs to be done. Indeed, to the extent the landlord wants to hold the... View More

One would need to carefully read the notice and know how it was delivered to be able to opine as to the validity of the notice. That said, the name might, but more likely not, invalidate the notice. The 30/60 day issue is more likely to potentially invalidate its enforceability, but the... View More

It depends. IF the tenant has restored possession to the landlord and terminated their tenancy, then it is back in the landlord's possession and there is no need to give 24 hr. notice for anything. IF however the tenant has not restored possession to the landlord, then all notices and... View More

The devil is in the details of course and one would need to carefully review both yours and their notices as well as the delivery methods to know if either are enforceable. That said, in principle you should be able to evict based on your for cause notice if the objected to behavior still occurs... View More

Have no clue what exactly is going on here from your rather sparse description. Please go and consult with an attorney and discuss all the details in a private office conference. You might want to call the Oregon State Bar for a name on their Lawyer Referral List and you will get a short... View More

No, the courts do not Skype. Upon a showing of good cause, a Judge MIGHT let some things be conducted by speaker phone in the courtroom but not trials. So it depends upon what you think is going to happen. Anyone can represent you in landlord-tenant matters in Oregon, it does not have to be an... View More

Yes, they can pick and choose. The likely reason is that if you almost make it, then you are more likely to not get behind on your rent. But, if you are further down, then odds are higher they have to go to the co-signer, which is not exactly guaranteed to get them their money.

If the notice served on the 3rd included a demand for rent first due on the 1st, it likely IS a defective notice. If it was for rent first due the previous month or even before that, then it may be valid. Further if it was served on the 3rd, depending upon how it was served, filing on the 6th may... View More

Technically I suppose a 72 Hr. notice can be served anytime the landlord feels like it. It is not enforceable however unless it has been served until after the rent is at least a full 7 days late. Do note that it can only demand payment of rent by the end of the 72 hours - late fees, utility... View More

IF the lease is as you represent, you are his landlord, not your landlord, and your tenant should lose in court. You would be the one owing the relocation fees except I suspect you qualify for an exemption. Your landlord may want to review everything with a landlord-tenant attorney and even... View More

It depends upon the exact language of the lease but probably yes, a technical violation. Either way, it would be a wise approach to simply sit down with your landlord, explain the situation, and see how he feels about it.

Much depends upon what your lease says - is this spare room part of what you rent? Or is it excluded and available for your landlord's use? If it is part of what you rent, your landlord has no right to use it for any purpose; if it is under the landlord's domain, you have no right to... View More

Your prior payment record does not matter either way. A landlord cannot issue a 72 Hr. Notice (well, I suppose they can issue it but they cannot enforce it and should lose if they try to evict you in court based upon it) until you are late 8 days from when the rent was due (normally due on the 1st... View More

Yes, the statute provides for up to 2 months rent or twice your actual damages, whichever is greater for each separate retaliatory episode. That said, tenants all the time think they have great retaliation cases - and they don't. Retaliation is VERY difficult to prove and burden of proof is... View More

Unfortunately I have no idea what you are referring to - there IS no ORS 90.356 or 90.357.