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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can I get rid of a roommate to my tenant who is not on the lease and threatening harm to my tenant if he enters?

Tenant took on temporary roommate for three mos, with verbal agreement only.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 25, 2016

This could get complicated quickly. This also depends on the lease, written or not. I would suggest contacting a local landlord-tenant attorney who handles the landlord side of things to have them take care of it. This is because if you screw up, you will need to hire an attorney to fix it, which... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord did construction for three weeks on our apartment and we had to get a hotel. Are they required to compensate

The construction consisted of removing a large chunk of wall in my daughter's room, my room and hallway for plumbing. My daughter is two and couldn't be left in her room or my room to sleep or play because they were sealed with only plastic. I also work from home in music and had to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 23, 2016

You should have come to an agreement with your landlord before moving out to cover all of these expenses. I would contact a local landlord-tenant attorney to discuss in greater detail.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Being asked to vacate apartment for frivolous remodeling. This will cause me financial hardship & emotional distress

I moved into my unit 8 months ago, new floors were put in before I moved in. My landlord now wants me to completely move out for two weeks (including all my furniture) so he can put new floors in my unit, then I'm supposed to move back once the work is done. So basically I'm being asked... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 10, 2016

Unless your lease says differently, you should not have to move out unless you agree to (assuming you are not on a week-to-week lease). That is, if he wants you out, he should pay you to move you. I would suggest contacting a local landlord-tenant attorney in your area (might have to try Bend) to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord lock someone out, then take all of their possessions and tell everyone you didn't leave anything behind?

My landlord kick me out because I was behind on rent a month and a half. I met him in court where we stipulated for an agreement of $200 I owed him if he would give me 30 days to move out. He agreed and I went home and started packing. On the date in which I was supposed to pay he would not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 10, 2016

I personally do not do debt collection, but I believe as part of your judgment you can get the costs and attorney's fees back for going after this debt. Thus, I would suggest finding a local debt collection attorney to discuss, with them taking your case on a contingency basis so you can... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: Is it legal to ask a renter to verify that their dog is a service dog and that they have sufficient insurance?

to cover in event of an attack?Does going through a rental agency effect this?

Peter N. Munsing
Peter N. Munsing
answered on Aug 9, 2016

Why not? They can decide to have a pet friendly or no pets policy.

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Oregon on
Q: If my renter's dog attacks someone am I liable or in danger of legal action against me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 9, 2016

"in danger of legal action against me" very much so, if your renter does not have renters insurance or enough of it. Are you liable, that is a much more complex question. If this actually happened, versus theoretical, contact your own insurance company to put them on notice of a claim.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What if my lease just says Give notice it doesn't say whether it can be written email or text
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2016

Then it has to follow the written notice requirements here: http://www.oregonlaws.org/ors/90.155 which does not allow for notice via text/email.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a text message or email considered a legal way for my landlord to give me a 60 day "no cause notice to vacate"
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2016

If your lease allows for it, then yes.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a email or text message considered a legal way to give a 60 day "no cause notice to vacate"
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2016

If your lease allows for it, then yes.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My current lease with our tenants doesn't have a specific clause about "no alterations or improvements to property".

A tree was planted without permission and we want to remove it when they leave and charge their deposit for costs. Can we charge them to "repair" the lawn back to what it was before, using only a clause "tenant must surrender property in as good condition as was received" or... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 23, 2016

The problem is, is removing the tree a repair, and is it damage? Generally adding something like that is not detrimental to the property, and trees often enhance the value to the property. Where you did not have a clause in your lease, it would be best to not charge the tenant, as if they... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord didn't prorate my last month rent and won't return my money timely, what rights do I have?

My last month rent should have been prorated for 6 days but the landlord took the full month (through auto payment) and won't refund me timely. It has almost been 2 weeks.

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

I would suggest contacting a landlord/tenant attorney to discuss your options. They would be able to look at the situation and better advise you as to if you were entitled to the rent even being prorated.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am moving out and am hearing from others that the landlady is planning to not refund my deposit. What are my rights?

When I moved in I took over the lease from a friend, with the landlady's permission to do so. However, the place was not cleaned and there was no walk through when I moved in. I cleaned it and made small repairs that were needed because the landlady was unavailable to meet with me, despite... View More

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

If you took over the lease, you are likely subject to what it looked like/condition it was in when your friend moved in. This depends on what you lease says. If the flooring was fine when your friend moved in and the items were not broken when they moved in, then you may be on the hook. In general,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am renting a lower level basement and was told I have to be out due to the house being and "asset in probate"

,I have been here a little over a month and I had agreed to a 6 month lease. I gave them rent and minutes after I did is when they told me I needed to look for a new place.Now I understand that this has something to do with the death of someone but I am confused because they do not own this house?... View More

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

If you have a six-month lease, you have a six-month lease and they cannot just evict you. Whomever the new owner is takes it subject to the existing lease. My guess is your landlord is subleasing to you contrary to their own lease and found out their own lease is being terminated so they have to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me 60 days notice without stated cause. Do I still have to give her 30 days notice?

I would like to give her 2 weeks and have rent pro-rated since she's asking me to leave.

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

If you want to leave before the 60 days is up, yes, you would have to give her 30 days notice. If she wants you out sooner, you might be able to negotiate two-weeks notice with pro-rated rent, but you do not have to move out earlier than the 60 days and she does not have to allow you out earlier... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice is required for a no cause notice to be given to month to mo. tenancies less than a year and over a year

Located in Central Oregon. Month to month tenancy. Just want to be sure we give the correct notice and have been given some conflicting information.

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

The reason you have likely been given conflicting info, as the time varies for your two situations. See http://www.oregonlaws.org/ors/90.427 ORS 90.427(3)

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's the landlord liability when the tenant has a live-in au pair?

A prospect tenant plans to have a live-in au pair (foreigner). I'm trying to see what it means to me (landlord) and my liabilities.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

There should no real liabilities just because they are a live-in au pair. If this person gets injured on the property due to your negligence, you would face the same liability as if they were the tenant.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Heavy smoker neighbors moved in downstairs - they smoke out on the patio all the time - how can we get them to stop?

it's really interfering with our quality of living - the smoke gets into everything. The landlord (it's a large apartment community) says they are not a no-smoking community and can't do anything about it. We enjoyed living here but the smoke is making it unbearable to the point... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 20, 2016

You should first review the rental agreement you have with your landlord to determine your rights. The landlord may be required to make accommodations for you if the smoke is adversely affecting your health, as documented by a health care professional. You may also have a nuisance claim against... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord proposed rent increase 30 days before end of year lease but I must provide 30 days notice to leave.

To avoid paying pro-rated rent I must give 30 days notice to leave. How can I do that if I know exactly 30 days before if my rent will increase? Do I have to find a place to live in 1 day?

I live in Tigard, Oregon. I see Portland now has a 90 day rule for rental increase.

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

You basically have one day to decide if you want to pay the increase, but obviously about a month to find a new place.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My Landlord has an access road to several homes where I live he has grooved the road for the water to run out complains.

& claims we arn`t , (we have been )& said he would charge a extra 50$ we are not the only ones who use this road, This just started and we have been here for 4yrs, what are the laws on this in Oregon?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

What does your lease say? That contract is what determines most rights and responsibilities.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Our contract for our rental property states "must provide water and power." our landlords denied power our first night.

We decided not to stay there because of this. Are they in breach of contract for denying us power that night? We have a text message from them saying "no power until you give us more money." They are denying us our deposit back.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

Go find a local landlord/tenant attorney to discuss. This would relate to habitability, and there are strict rules and strong penalties for this type of thing.

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