Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
This is the second time Ive renewed my lease an was told there was no smoking on the property any more. People below me smoke inside their home and outside even after signing new lease. Managers have sent notices but they still smoke. I am disabled so are my twins, one of them has a cough I can... View More 
answered on May 26, 2017
If you have not paid your rent, the odds are you will be evicted. If you want to avoid that, you need to review everything in detail with a landlord-tenant attorney immediately. You are likely to be hard pressed since even if your lease specifies no smoking on the property, that does not... View More
I moved into my apartment August 2016 and signed a month to month rental agreement.i received 90 day notice for rent increase effective July 2017.
answered on May 26, 2017
No, a landlord may not increase rent during the first 12 months of a month to month tenancy and only thereafter with at least 90 days advanced written notice. You of course can maximize your benefit from his error by simply staying silent until after the raise is supposed to go into effect. He... View More
This was a 1 year lease turned into a month to month after the 1 year lease was up. We have been on the month to month for over 3 years.
We received an email from the landlord stating they sold the house, and the new owners want to move in on XXXXXX.
In the e-mail it was stated... View More
answered on May 23, 2017
Based upon your posting, no, it does not sound as if you have been given lawful notice of the termination of your tenancy. Assuming the new buyer wants to occupy the home as his personal residence, you are correct that while you normally would be entitled to at least 60 days advanced notice, ORS... View More
We rent a house adjacent to the owners business. We signed a lease that stated he would fix the breakers in 90 days.( It has been10 months)...Then proceeded to only give me a electronic copy which pages were removed! I have control of the breakers in my house and feel like turning the water off and... View More
answered on May 23, 2017
You need to review everything with a landlord-tenant attorney asap. First, the landlord did not have 90 days to fix the electric, regardless of what the lease said - if it is a residence you are renting, you are entitled to have the electric work properly from day one and may be entitled to a... View More
We have lived in our home for 3 years and now our landlord would like to sell with no tenants in the home. We signed a lease when we moved in, then added an additional year to the original lease, then last year we signed another year lease. Does our landlord still have to give us a 60 day notice... View More
answered on May 23, 2017
The answer depends upon the provisions of your lease and/or the buyer's intent if the house is sold while you are still in it but the new owner wants you out so that they can move in and use it as their primary residence. Does your lease, by its own terms, convert into a month to month... View More
answered on May 23, 2017
Leases are contracts so the terms of you contract should govern what the consequences are of breaking your lease. If the contract doesn't specify you and your leasing agent should agree on something, but within 30 days would be reasonable, although not necessarily a rule. What you don't... View More
I am renting an apartment on a month to month rental agreement in Oregon. I moved here in August of 2016, I received a 90 day notice for rent increase effective July 2017.
answered on May 21, 2017
No, in a month to month tenancy, a landlord may not raise rent during the first year of occupancy and thereafter only by lawfully serving the tenant a legally compliant notice providing at least 90 days advanced notice. If you are within the city limits of Portland, depending upon the % of the... View More
My current lease does not have a clause stating what would happen if the home is sold.
answered on May 17, 2017
Normally your lease continues on as before with you just paying your rent to a new, different landlord. If it is a fixed term lease, then yes, absolutely it continues on. If you are on a month to month, it still continues, under the exact same terms except who you pay rent to, unless and until... View More
Im a tenant in Oregon. My land lord and I have a signed agreement for exchange of rent for labor and material costs on one of her rentals. This began in April 2016. She is an elderly lady and now a company has conservatorship. We are still owed over a years worth of rent for payment of our... View More
answered on May 17, 2017
So many unanswered questions. Was this for fixing up the dwelling you occupy or for working on some other dwelling the landlord owns? What is the basis for the company trying to evict you - alleging failure to pay rent or some other basis? All in all, consider reviewing it all with a local... View More
I have a verbal month-to-month lease agreement with a tenant with whom I am renting a room in my home. She has been living in my home for 6 months. --I have provided a notice of eviction in writing stating that I do not want to renew her month-to-month lease. The 30 days that I provided are almost... View More
answered on May 17, 2017
Your right to evict her depends upon whether you issued her a properly, legally worded notice of termination of her tenancy with the legally minimum amount of days, and legally and properly served the notice on her. If so, then yes, you can proceed to evict. While there a myriad of good reasons... View More
We have been on a month to month with previous landlord for 5 years. He returned our deposit to us directly after the sale, and told us part of the sale was for her to keep our lease. There was no mention of a deposit needed prior to her recent 30 days to our eviction date, rescinded the no cause... View More
answered on May 17, 2017
Actually, your new landlord is likely legally liable to you for the existing security deposit. Your old landlord should have simply transferred it to the new owner when the sale of te dwelling closed. The fact that he did not does not relieve the new owner from owing it to you when you vacate.... View More
She refused it because she has received complaints about my apartment. I have not received any written or verbal complaints from management. Is this legal to refuse my rent to become current and stop eviction??
answered on May 17, 2017
Assuming your landlord served you a lawful 72 hr. Notice and you failed to fully pay your rent by the end of the specified 72 hrs, then absolutely - a landlord has no duty to accept payment from you after that time. Indeed, if they do accept payment after that, they risk losing in court and not... View More
I work from home so being denied access to my unit during business hours will have an especially negative impact on me. I was informed on a Saturday that the following Thursday, Friday, and Monday I would not have access.
answered on May 17, 2017
You have not provided enough information to begin to answer this question - why are you being denied entry? Construction of what and where? Regardless, the landlord may owe you equivalent alternative housing for those days or at least refund your rent paid for those days or there may be other... View More
For example tenant 2 moved in after tenant 1 tenant 2 is being charged a $50 fee where is tenant 1 is being charged $30.
The rental agreement was changed to reflect all incoming tenants must pay $50.00 but the old tenant still pay the previous charge of $30.00
Is it legal to have a... View More
answered on May 17, 2017
Whatever is specified in the lease that governs a particular tenant applies, assuming the late fee is otherwise lawful. So if different tenants are on different leases, they may well have different rents and different late fees. If both tenants are on the same lease, however, then there is only... View More
Can the landlord give more then one notice if you don't pay rent but they already gave one to be out in thirty days
answered on May 17, 2017
Sure. A landlord can issue as many notices as they wish and think are applicable. When I represent landlords, I normally issue as many notices as I can justify, such as a 72 hr. non-payment of rent notice; a 30 day For Cause Notice; and a 30/60/90 day No Cause Notice. This way even if the tenant... View More
She gave us air conditioners for the summer, so she is aware
answered on May 17, 2017
First, unless your written rental agreement expressly provides for it, text messages or email is NOT a lawful means of providing notice of habitability violations to a landlord (though if it is the routine practice of the parties, you may still have a waiver argument). Second, withholding rent in... View More
Trying to find a Section 8 apartment/house as we have to move with a small child, a baby.
There is very open discrimination present, two agencies are simply refusing to rent for me. They are misrepresenting the rental status of the units available for them and deny me based on low income... View More
answered on May 17, 2017
Sure - contact a local landlord-tenant attorney or the Fair Housing Council or a local tenant's rights organization BUT be sure you can prove your allegations if you want to keep your credibility - and credibility is EVERYTHING in court, if it comes to that. Good luck.
Text stated intent to sell, looking for investors so you can stay. I asked about notice and was told would be given ample time. Then received notice if 30days and was told that was because they told us in the text April 5. I'm at a loss of what to do I sent back that I believed I should be... View More
answered on May 17, 2017
Text messages (or email) are not a lawful means of providing notice of the termination of a tenancy - either from landlord to tenant or from tenant to landlord. How much time in a valid notice you are entitled to (assuming you are on a month to month tenancy and the notice is a "no... View More
answered on May 15, 2017
Retaliation is difficult to prove in the landlord-tenant realm, but it sounds like you could have a case. Contact a landlord-tenant attorney in your area to discuss.
answered on May 12, 2017
In a residential situation, a written lease in Oregon is required to disclose whether the dwelling sits within the 100 year flood plain. If it does, you chances of recovering much is probably doubtful though much depends upon the exact details. If yours does not, penalties are prescribed and... View More
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