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: On 4-28 my landlord lost in eviction court. 4 days later filed a restraining order on me. What do i do? I cant go home.

Her restraining order is made in retaliation cause she lost. Now she is all in my room and my things.throwing stuff away.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 11, 2017

First, file a ORCP 68 motion to get your costs, if you have not already due to winning at the 4/28 trial.

Them I would suggest finding a landlord tenant attorney in your area to consult with. The retaliation gives you new claims against her, as would her going through your stuff.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My family is having some big issues with the way our landlord is handling maintenance repairs and more issues than that

Electrical issues water leaks deposits, labor need advise

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 8, 2017

I would suggest documenting everything to start with. Then, take all the evidence you have to a landlord-tenant attorney near you to discuss. Most will give you a free consultation, and if you have a case, will often take it on a contingency basis. They will then be able to walk you through what... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Our business landlord is stealing materials, supplies and jigs, harassing employees and demanding to use our equipment.

We are in a triple net lease that ends 12/31/17. We also have a non-compete contract which he has blatantly violated and we have proof. What can we do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 2, 2017

You could sue him for breach of contract, plus conversion for the stolen materials.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Will late payments from past apartment complex effect getting approved for new apartment complex?

My boyfriend and I have lived in our apartment complex for almost a year - our lease is coming up and we applied at a different apartment complex and they said our apps were good, they just need to get our rent history from our landlord at our current complex. We were late to pay rent a couple... View More

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

It may...or may not. The fact that you were sued to be evicted for failure to pay rent will likely show up in any background check that they do but if you paid it off and the case was dismissed, you will be shown to be the prevailing party and they new potential landlord is not supposed to hold it... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: When a lease is signed does it cover only what existed at the time of signing. Well house added later, lease not redone

Added a well house later, pipes froze as I didn't know I was supposed to do anything with the well house. I wasn't even given a key until after the landlord fired the maintenance guy

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 1, 2017

I don't think there is a default answer for this. It will likely come down to who has the better argument, assuming the lease does not cover this type of situation.

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A renter built a large greenhouse which required a building permit which I signed for. Who owns the greenhouse?

They were renting a house on the property as well and they nearly destroyed it. I informed them that I would not be renewing their lease. I also made note that any improvements made to my property remain with the property. I was referring to a well pump and line as well as a holding tank for... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 1, 2017

Start with what does the lease say? A well written lease will cover such a situation.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can we refuse to pay a deposit if the home was dirty and had mouse nests when we moved in?

When we moved into the house were currently renting, the owner had not completely moved out by the date he was supposed to, and we had to clean up his things (which included mice feces, mice nests, sex toys, and garbage) in order to start moving in. My landlords said at the time that we would not... View More

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

Generally, both sides have a right to insist on compliance with the written lease terms though if the landlord has accepted 3 or more monthly rent payments with knowledge of a tenant's non-compliance with a lease term, they have generally waived any right to enforce that term.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord has already served a thirty day notice. Can they come back and serve another notice to get out sooner
Gregory L Abbott
Gregory L Abbott
answered on Apr 25, 2017

Yes, a landlord can serve as many notices as they have legitimate cause to serve and/or they can serve them as frequently as they wish.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I had a landlord steal my car and give it to someone else. I don't know how much to file against her. I need help

When we moved out it was broke down there a few days into it we went to get it but she had a huge dumpster delivered behind the car so we couldn't get the car I asked her to please let me know when the dumpster was moved so I could get my car a couple weeks later she message me and let me know... View More

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

You need to carefully review all the events and written notices issued you by the landlord with a landlord-tenant attorney. It is possible that you may have valid claims against the landlord for up to twice the amount of your actual loss. It is also possible that the landlord was within her... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A tree fell on the house I rent in December, it is now April and the landlord has done very little to fix it.

I live in Troutdale, OR. In December, a tree fell on the house I am renting. Damage includes a broken window, smashed roof vent with probable leaky roof in the area (we can hear it dripping into the pipe the vent covers), the stovepipe chimney torn off the side of the house, deep gouges in the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 24, 2017

You should find a local landlord tenant attorney to discuss what can be done. Some of the damage sounds superficial, but for those that effect habitability, those are what need to be addressed. That can potentially be done via withholding rent, but there is a process that needs to be followed, and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 5 MONTH..

YES I UNDERSTAND WHAT IT MEANS TO PAY FOR THE EMPTY ROOM BUT HOW IS IT OK FOR NONE OF US TO BE INFORMED BY HIM THAT THE PAYMENTS WERE NOT BEING MADE? HOW IS IT OK FOR THE LANDLORD TO JUST SECRETLY BE ADDING UP CHARGES AND NOT LET ANYONE KNOW UNTIL LAST MINUTE WHEN WE ASK A SIMPLE QUESTION AND HE IS... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2017

First, PLEASE STOP using all caps. It is considered yelling on the internet.

Secondly, again, take your lease and documents to a local landlord-tenant attorney. Frankly, there are few attorneys hanging out in this forum, and it is difficult for any attorney to give a good answer without...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: PREVIOUS QUESTION 5 MONTH CHARGES..

SORRY BUT THAT DIDNT REALLY ANSWER MY QUESTION. AND NO, THE LEASE DOES NOT STATE ANY PREVIOUS INFO ABOUT A BALANCE. AND NONE OF THE TENANTS WERE AWARE, THE AMOUNT I HAVE BEEN PAYING IS THE SAME AMOUNT THE TENANT I TOOK OVER FOR WAS PAYING. I DONT SEE HOW THAT IS OK FOR A LANDLORD TO BRING TENANTS... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2017

What I meant about what would be on the lease (remember you took over an existing lease, so the original lease) is that all tenants are likely liable for the rent, not just their portion. The real issue you have is with the prior tenants who didn't pay the bill.

If you want to fight...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: IS IT LEGAL THE WAY OUR LANDLORD RANDOMLY GAVE US A FINANCE CHARGE THAT WE DIDNT KNOW WAS ADDING UP FOR 5 MONTHS/NOV-APR

SO, I TOOK OVER A LEASE IN A 5 BDRM HOME MY RENT STARTING 1ST OF JANUARY WITH 2 OTHER ROOMIES AT THE TIME AND 1 MOVING IN A WEEK AFTER ME, WE HAD NO KNOWLEDGE OF FORMER RENT CHARGES ADDING UP FROM TENANTS WHO WERE ON THE LEASE BUT NOT PAYING OR PHYSICALLY LIVING THERE. THE 4 OF US HAVE BEEN PAYING... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2017

This sounds like one of the problems with taking over a lease, especially one like this where it appears there were multiple roommates. Most likely, the lease you took over explains your situation regarding the fees and that all renters are jointly liable for the amounts.

Lastly, while it...
View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: What are my legal obligations to a month-to-month tenant in a home I am buying in terms of rent increases and eviction?

Know nothing about current tenants other than they are paying 40% less than market for rent. Would like to keep them if they have good credit, can qualify for the new rental rate (a $500/month jump) and will sign one year lease. Otherwise, I need them out in order to make repairs and re-rent to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 13, 2017

If the property is in Ashland, and the tenant has been there at least a year, then you have to give them 60 days notice.

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

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I took my landlord to small claims got a defuilt judgement of $2575.00 becuese they did not show.Can i not pay rent?

There refuse to pay.not sure what to do.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 3, 2017

You still have to pay rent, otherwise they can work to evict you. You could send them a letter offering to settle the amount you owe by not paying rent for however long it takes to go through what they owe you. Your main leverage is that statutory interest of 9% per year attaches, so the amount can... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A tennant is trying to serve me papers. I am out of the country, can anything happen before i get back

An old tennant broke the lease, damaged the property and had an illegal tennant living there. They are trying to serve me papers to recover their lease break fee. I am out of the country till June 1. Can anything happen if I am not there to be served?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 25, 2017

Yes. If they know what they are doing, they can try a few times to serve you, and if unsuccessful, apply to the court to have you served by publication. If you are served by publication, unless you read the court notices section of the paper, you would be served and not know it. There are also some... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord has naibors taking picture of me and my family and sent a 30 day eviction for lies on me

My landlord sent me and my housing worker a 30 day notice saying i have unauthorized people living with me ..i have a unautherized pitbull puppy ...damage to a bedroom door ....constant traffic day and night with loud noise complaints and i owe a past do water bill...I have noone living with me... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 11, 2017

I would suggest finding a landlord tenant attorney near you to consult with. Most offer free initial consultations, and if you have a good case they will often take the case on a contingency basis since in landlord tenant cases there are provisions for attorney's fees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My property management company changed and they want to switch is to month to month. Can they break our original lease?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2017

No, they cannot break your original lease, or at least not without negotiating it with you.

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

I had a storage facility that was on auto payment. When my debit card was lost and changed, the payment no longer went through without me realizing it. I did not receive any notice from the storage facility, either by mail or email, that they were selling my property. I received only one notice of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 25, 2017

I'm not in my office, so I can't look up the statutes, but there are a few on the books that should allow you to go after the storage place. If I recall correctly, there are certain procedures that need to be followed before they can sell your items. An attorney can review those and your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a landowner get evicted tor squatting on his own property

Police served court notice stating tenancy not covered by ors chapter 90 and that I'm squatting which I'm not I have the deed and all utilities are active also has dwelling

Joanne Reisman
Joanne Reisman
answered on Feb 24, 2017

You will need to make an appointment with an attorney to discuss this in great detail. Just not possible to answer with the limited information you have given.

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.