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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am have a case come up soon and I am look for a lowyer it for landlord / tenants
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Attorneys cannot solicit your business in a forum like this. You need to call or email them. If you need help finding someone, you can use the find a lawyer link above or Google search landlord tenant attorney Seaside (though might have to get someone from Astoria or west metro).

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My 94 yr. old mother who is living with us fell and broke her wrist. She is unwilling leave.

We can no longer provide for her the necessary care, as her needs are greater than our skills. How do I "evict" her?

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Feb 5, 2016

Sorry to hear about your situation and hers. You might be able to get a guardianship over her and then make care decisions. You could also, after giving proper notice, go through the eviction process. Either way, you will need to consult with your own attorney. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: i moved in with my friend and she did not want to landlord to know.

Because she did not want another person to live there. and they never cleaned u after them self at all and they lefter their 8 month old and there 5 year old home a lot when i get home from work. i was done and so i moved out and they want me to pay for this moth rent. do i have to since i... View More

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Feb 5, 2016

Some friend. In theory, if you were a subtenant (even under an oral lease, not permitted by their landlord) you would be on a month-to-month lease and required to pay rent up to 30 days after you moved out. But you're probably better off writing this person out of your life and ignoring her... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live with someone who is now my ex in a apartment with a one year lease. She is controlling and mean but my biggest

Problem is that she is a horder and are living room look like a storage unit with all her stuff. I am not allowed to use any of her things but have no room to put anything in the apartment. I've contacted the managers about breaking the lease but was told that I have to have her sign a... View More

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

There's probably nothing you can do with respect to your lease and your obligation to pay rent to your landlord--the only exception is if her "controlling" behavior becomes the basis for a stalking or restraining order, and then you may be able to break your lease or force her to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a lease but there is a clause that says the landlord can raise the rent providing such notice required by the act

Is this legal? I live in Oregon

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

If the lease is a term lease, the landlord cannot raise the rent during the term of the lease from the written agreement, but could raise the rent at the end of the term if the lease becomes month-to-month or needs to be renewed. You don't mention whether the landlord is trying to raise the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was arrested and incarcerated in Feb. 2015. My landlord knew of this, and re-rented my house with all of my belongings

still in it. I've filed a lawsuit against him for Return Of Property, but he has a lawyer that said someone else got rid of my belongings, and said that he will bring up my criminal history in court to say that I am not a credible person. Help me.

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

It sounds like the landlord definitely has some exposure, but clearly aren't taking you seriously. You should contact an attorney who can review the facts. If you're the prevailing party, you will be entitled to twice your actual damages and your attorney fees. I'm skeptical that... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant who, when drunk,pulled two fire alarms in the condo building. Does this constitute eviction with cause?

There is a lot of circumstantial evidence he did this, but it hasn't been proven yet. If I could get an answer for both scenarios (he is proven to have done this; they cannot prove beyond doubt that he did this), that would be great. There was slight damage to one of the alarms.

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

Proof is not required in a civil matter "beyond doubt," but only by preponderance of the evidence. That said, before "eviction" you need to provide proper notice of a for-cause violation, with 30 days to cure the violation (in this instance, not pull any more fire alarms, or... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have uknowingly recieved an unlawful detainer in another state. How do I get it removed?

I dont know how, when or where I got the UD so I believe someone used my identity.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

Go see a private criminal defense attorney for a full discussion.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much late charges may a landlord charge
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

The rules on landlord late charges are at ORS 90.260. The late fee cannot be more than:

(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market; OR

(b) A reasonable amount, charged on...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord go after you for damages after the fact of the deposit being returned?

Our landlord did a walk through with us and said everything looked great and then wrote us a check for our entire deposit. We just received a letter stating we owed them $1080.00 for damages.

Troy Pickard
Troy Pickard
answered on Feb 12, 2013

Yes. If your landlord returns your entire deposit, this has no effect on whether your landlord can go after you for damages to the home.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I put down a security deposit when I moved in which I was told was last month rent. Now he wants to kick me out. Can he?
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

The question of whether your landlord can kick you out is complicated and has nothing to do with whether you have paid a security deposit or last months rent deposit.

Call an Oregon landlord-tenant lawyer if you want more information. Try Portland Defender at...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a bad tenant, can I terminate a one year lease early?
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

A landlord can terminate a one-year lease early in certain circumstances. The two most-common circumstances would be when a tenant can't pay their rent on time, and when a tenant is committing criminal acts in the home or damaging the home.

No landlord should attempt to terminate a...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Im on a year lease can my landlord give me a 30day no cause notice ive almost lived here a month
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

Landlords can only give their tenants a 30-day no-cause notice of termination if the tenant is on a month-to-month lease. If you are on a one-year lease, the landlord cannot do this.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Former landlord won't return sec.deposit and has health hazard codes in more then one rental they own ,but more importa

My children developed heath life threaten prob due to mold they know of &do nothing about it now a friend of mine moved in and they still did not even try to clean

Troy Pickard
Troy Pickard
answered on Feb 12, 2013

If your landlord is stealing your deposit, hire an attorney to get it back.

Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon evict a tenant if they refuse to follow house rules that are not legal?

I am renting a room in Aloha that belongs to an marginalization called "Fairhaven Recovery Homes". Essentially its a clean and sober house. I am on Social Security so my income is guaranteed. Now I haven't had any legal trouble in over 6 years and I am not on probation. I do not... View More

Troy Pickard
Troy Pickard
answered on Feb 12, 2013

Most landlord-tenant relationships in Oregon are governed by the Oregon Residential Landlord-Tenant Act. However, there are a few exceptions. One exception is occupancy at an institution, public or private, if incidental to the provision of medical, geriatric, educational, counseling, religious or... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord demolished my home that i owned without my consent,when there was still my familys belonging in it.what todo

We moved from the property,,that had our home on it.In our name.we were told that nothing would happen to it,but after just a little bit ,my wife and 2 sons age 5 and 7,and myself went back to retrieve some of or things ,and there was a pile of debris where our house was...all kinds of presious... View More

Matthew Abts
Matthew Abts
answered on Apr 2, 2012

Dear Questioner,

Wow, that's awful. Here in Oregon we have protections for renter's property within certain time limits. There are things your landlord had to do with your stuff that maybe wasn't done in your case.

We also often allow you to claim attorney's fees...
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