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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm a home owner with a room to rent. If I felt threatened or unsafe in my home from tenant, is 30 days notice required?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 20, 2017

You could actually do a for cause eviction sooner, but I would highly recommend hiring an attorney to do it for you as it will get complicated. Plus, if you mess up, not only is the tenant not out, but you would potentially have to pay their attorney's fees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights and options as a tenant

I have reported number of time to management about my neighbor stalking, me harassing me, cutting lock off my shed and stealing from me, he has striped everything on my boat from taking my electrical panels out, septic system, holding tanks, cut ally hoses and pipes, cut holes in walls, and the... View More

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

Not sure why this is posted in Oregon since this is a WA issue. I would suggest seeking out a free consultation with a landlord-tenant attorney in your area. They can go over whether or not you have a case worth pursuing.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant suddenly moved out during middle of month and wants pro-rated rent. There is no lease and this was never agreed.

Can he sue me for pro-rated amount even though it was never discussed or agreed upon and there is no lease in place?

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

The question would become was the tenant a month-to-month tenant or a week-to-week or less tenant. If you have monthly checks, it would show it was month to month, and as such he had to give at least 30 days notice before terminating his tenancy.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do Portland, Oregon's new tenant ordinances (covering 90-day notice and moving expenses) apply when property is sold?

In particular, when the tenant is evicted (no cause), and the buyer will be an owner/occupier. My understanding is that the Oregon statute requires only a 30-day notice in this situation. I have lived at the property for three years and one month. First two years I had a lease. The last 13 months... View More

Joanne Reisman
Joanne Reisman
answered on Feb 12, 2017

This is a very new law and I haven't read it. There is already a lawsuit filed to contest the law. So it may be a while before the final version of the law is formulated. Also there is a move in the the Oregon Legislature to come up with some type of law for the entire State of Oregon... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: Oregon-rent is paid for 30 days along with a notice to vacate at the end of the 30 days. I've moved earlier than the 30

Can the landlord rent the unit to a new renter before my paid for 30 days is up?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 9, 2017

If you have surrendered possession of the unit, they can rent it out and a new occupant can move in.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My land lord gave me. A no cause 30 day notice I do not want to stay the whole month can I prorate my rent?

My landlord presented me with a 30 day termination notice after I had addressed habitability concerns to her. On her notice she addressed my concerns to her in the same letter. Could this be considered retaliation?

Joanne Reisman
Joanne Reisman
answered on Feb 1, 2017

This is a question involving Landlord Tenant law which is a separate category from real estate. Try reposting this under the category of landlord tenant law.

2 Answers | Asked in Car Accidents and Landlord - Tenant for Oregon on
Q: Carport collapsed on car due to to much snow and property managment says its an act of god like tree falling? true?

Say they are not liable at all, but shouldnt there insurance cover damage?

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

It should. Snow, precipitation even trees falling are not acts of the Deity. The Deity doesn't build carports.

If you have comprehensive on your car, you could run it through that and let them hassle it out.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I need to write my landlord to withhold rent due to unsafe habitatability? Or does verbal work fine?

There is a large hole in my living room. I have three children under 7 yrs of age and they got sick and got hand foot and mouth disease while the temperature in my home was unregulated because of the hole. We also got mice while it was snowing and the temperature was 33 degrees. My heating bill for... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 20, 2017

Must be written. Send via first class mall, and be sure to keep a copy. I would also recommend via email as well.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: can i call and have the police come to my apartment if a neighbor is complaining of noise. I feel i'm being harassed

My downstairs neighbor has been complaining of loud noise coming from our apartment...we have lived above her for nearly 3 years and done the same things everyday..the only thing now is we have an 8 month old who just in the last 2 weeks has learned to crawl. i have spoke with the manager 3 times... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2017

I would not recommend calling the police. This is a civil matter. What likely happened is the downstairs neighbor has probably complained a few times to management and increased that lately. The management then does have to investigate, and it is possible they simply ignored it before since you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am a landlord and my tentant is on parol and not allowed to use alchol and does about a pint a day. what can I do, he

he is abusive and disruptive to neighbors6c

he is abusive and distrubes the neighbors

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 27, 2016

Contact his probation officer and tell them of the parole violation. That may get him sent to jail and out of your hair temporarily. If the tenant then stops abusing alcohol, that may solve the other issues. Otherwise, you could start the eviction process, but I would suggest hiring an attorney for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Where can I locate an Attorney that does Legal Aid, can represent me with no fee or help me prevent eviction very soon?

Obviously I have no money to pay legal fees. My landlord is filing for eviction (I think at Hillsboro Courthouse) Thursday or Friday this week. i think I have a strong case to at least delay the actual Sheriff visit to vacate.

My landlord has worked with me many times when i was late on... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 20, 2016

Legal Aid has an office in Hillsboro: https://lasoregon.org/

Q: multi family apartment federally funded, are they required to have a accessable unit?

tenant became disabled & is in a wheelchair,he needs transfer to lower unit w/ mobility features.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 9, 2016

See the last portion of this article: https://www.osbar.org/public/legalinfo/1248_HousingDiscrimination.htm

Then call the number listed for Fair Housing.

1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Oregon on
Q: My wife and I own a property in Oregon. It is leased to tenant for 2 years. What are tenants rights if I divorce?

Property is in both wife and my name. I wrote the lease last year under 2 year binding agreement. The divorce is likely going to force sale of house. Can the tenant retain the property until the end of lease agreement? What would need to be done to ensure the tenant is able to fulfill the 2... View More

Joanne Reisman
Joanne Reisman
answered on Dec 8, 2016

One solution is to sell the property subject to the lease. The buyer will simply have to continue the lease until it ends. This will reduce the number of buyers interested in the house and could force you to take a lower sale price.

If you break the lease, the tenant could sue you, but...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have was given a 10 day verbal. notice to vacate a storage rental, is that legal?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 1, 2016

Unlike residential rentals, there are few laws related to self-storage units. The main one relates to liens (http://www.oregonlaws.org/ors/87.687). Thus, this would be governed by your contract with the facility.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to give a 72 hour notice to a tenant that is not on any lease living month to month?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 19, 2016

If it is for non-payment of rent, yes. Anything else, likely not.

1 Answer | Asked in Landlord - Tenant and Social Security for Oregon on
Q: I have a housing voucher. My income SSDI is $980 month. What happens if I have saved over $2000 in my bank account?

My only source of income is SSDI and I am not employed. The housing specialist is doing an annual income review. I am afraid my rent will be raised or I will lose my housing voucher because I have saved more than $2000 in my checking account.

Joanne Reisman
Joanne Reisman
answered on Oct 19, 2016

I am not clear what means test you are worried about? SSDI is not like SSI - you can have more then $2,000 saved and you won't lose money from your next SSDI payment. However, you may have to keep your total assets level down low in order to qualify for section "8" housing which... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My boyfriend is evicting me

I've been with my boyfriend for 5 years and just recently he told me I had to get out within a week. But because he had surgery he told me he needed me for that and then I could stay until after. Then today he told me that his dad came over with eviction papers for me. What are my rights in... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 13, 2016

Did you have any sort of written lease? The issue comes down to what was our lease, and if it was month to month, then the eviction notice has to give you 60 days to vacate. If you were in say a year-to-year lease and only six months in, he could not evict you without cause.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in a rather big apartment complex and we only have one trash compactor and no recycling, is this legal?

The trash compactor is in the very back of the complex and it makes it very frustrating trying to take out the trash especially during the cold seasons. We literally have to drive it over cause it's the equivalent of 3 blocks away. Probably 5 blocks if you live in the farthest part of the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 17, 2016

There is no law I have heard of that regulates the number and distance to trash collection sites.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I've recently suspected that my apartment complex makes tenants share water heaters, is this legal?

I've recently noticed that when I come from being at work all day, and I go to take a shower and there is hot water for only 10 minutes. The water heater is not broke and I've heard it turn on without having used any hot water in my apartment. Is it legal for an apartment complex to do... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 17, 2016

Potentially legal, see the law on the topic here: http://www.oregonlaws.org/ors/90.532

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I rented a unit in Oregon that was sold to an owner occupier. I'm I still liable for cleaning/carpet fees?

It is supposedly being occupied by the new owner not being officially turned over as a rental. Our deposti refund included a subtraction for cleaning fees but I'm not sure if we really owe those. thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 5, 2016

It does not matter how you became no longer the tenant, you are responsible for all of the legal fees/deposits that you would be as if you decided to move on your own. That said, not all fees and deposits are legal. Review the following to see.... View More

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