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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord evict a tenant for "repairs due to the house being unsafe until finished" even when it's safe?

The house is perfectly safe. All of the listed repairs are either unnecessary high-scale projects (such as re-flooring the entire house, things they usually do when a tenant moves out) or things that can be done in under a week (such as re-plumbing and re-flooring the bathroom). This is a small... View More

Katherine Goodman
Katherine Goodman
answered on Oct 18, 2022

Short answer to your question is yes. Your landlord can serve a tenant who has a month to month tenancy with a notice of termination with the reason that your landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and the premises is unsafe or unfit for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landord evict me if I paid more then half my rent in Aug then in Sept and Oct paid rent in full in Portland Oregon
Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2022

Sounds like you still owe for half of August. If so, and the landlord complies with the technical requirements, of course you can be evicted for failure to pay your rent. Paying rent is not optional.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the definition of unauthorized guest?
Katherine Goodman
Katherine Goodman
answered on Oct 14, 2022

Your lease should define how long you can have a guest visit you within either a 6 month or 12 month period. If your lease does not define that you should consult with a local landlord tenant attorney and your landlord.

good luck.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: If allegations of a violation are made, is it the landlord's responsibility to prove that violation happened?
Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2022

If the landlord wants to penalize you somehow for the alleged violation, and you disagree, ultimately their only enforcement mechanism is to go to court. If you oppose it in court, then yes, the landlord will have the burden of proof regarding the violation.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I be evicted if in Aug I paid over half my rent then Sept and Oct paid rent in full

I told them what had happened and asked if they would work with me and make payments twords the rent they never reached out and now I have court papers to go to court is this legal

Katherine Goodman
Katherine Goodman
answered on Oct 14, 2022

As a tenant you have a duty to pay the full amount owed for rent every month, but your landlord can accept partial payments and still retain the right to terminate your tenancy for failure to pay rent. However, there are circumstances in which your landlord has waived their right to terminate your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant did not show for eviction trial judge dismissed case said notice was

Wrong but the notice was accurate

Gregory L Abbott
Gregory L Abbott
answered on Oct 10, 2022

Obviously the Judge did not think the Notice was fully technically correct. If you don't see the problem, review it with a landlord-tenant attorney to get their insight and how to fix.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord charge a separate late fee for flat rate utilities due at the same time as rent

I am being charged 100.00 late fee for rent being late. My rent is 44.00. I am being charged a late fee of 50.00 for my utilities also being late to be paid the same time as rent they are 75.00

Gregory Abbott
Gregory Abbott
answered on Oct 7, 2022

If your rent was more than 4 days late, the landlord may charge a late fee assuming it is specified in your written lease agreement. $100 in my opinion is not an unreasonable late fee amount, assuming your total rent is more than $44 - i.e. someone else, such as a government program, is paying the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens when a landlord breaks into your place and trashes lt
Gregory L Abbott
Gregory L Abbott
answered on Oct 4, 2022

Depending upon the details, you call the police for burglary and\or sue the landlord for damages.

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to have ones neighbors spy and follow them around. Neighbors who share walls document all?

I believe my landlord is colluding with my surrounding neighbors in order to gain information about the way I live so that they may navigate renters insurance the best way. For 6 months this has caused me extreme mental distress to the point where I tried to kill myself out of hopelessness and... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2022

Hard to see how someone else affects your renters insurance but nothing you have posted appears to be unlawful. Also is very hard to see why you would elect suicide over just moving elsewhere. You would likely be better served to focus your efforts on getting adequate counseling and care rather... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are safety-related window screen requirements for rental homes?

Most of the windows in the one-story home I recently rented out do not have screens. The tenants have asked to have screens installed so that their pets don't escape. When I declined the request today, the rental management company told me that I need to have screens installed in all of the... View More

Gregory Abbott
Gregory Abbott
answered on Sep 30, 2022

I know of no legal requirements for a landlord to provide window screens, especially if on a single story. Your insurance company might want it (though how much protection from falling does a screen actually provide?) and in the interests of protecting yourself, with the new lease paperwork you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I be evicted because of a neighbor spreading false information?

My neighbor posted false information about me being a drug trafficker on a Facebook city community page , which is absolutely not true and my landlord saw it and has now given me a eviction notice . I have never had cops at my home or ever been in trouble with the law because of drugs . It is... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2022

If a straight forward discussion with your landlord won't clear things up, consider retaining an attorney to "explain" things to them. If they insist on going forward, they will have the burden of proof at trial, which sounds to be a hard hurdle for them to meet. If they can't... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are renting a home for 3 years in Josephine County. My adult children live there full time and I am there part time.

I just received an email that states she plans to evict us if we do not giver her 30 days notice. There are some other very uncomfortable issues. Rent has always been paid on time. She did an inspection in May took some pictures and now is telling us to get out and not to repair the minor items... View More

Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

You don't say the basis she alleges for being able to evict you. IF you give her 30 days notice it will be enforceable against you and you cannot retract it without her permission. IF you do NOT give her 30 days notice, she likely cannot evict you (since you have been there more than a year)... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Yesterday, I received a notice terminating my month to month lease without cause. I understand that landlords can do

this within a year, however, this is being done in retaliation, which I know is not legal and the landlord would have to pay two months of rent if I were to prevail. The landlord is retaliating against the many maintenance requests I have had to file since moving in on August 1, and an arbitrary... View More

Katherine Goodman
Katherine Goodman
answered on Sep 2, 2022

If you have not spoken with a landlord tenant attorney you should. If your landlord has filed a complaint against you in court to obtain possession of the rental property, you can make a counterclaims and affirmative defenses against your landlord for retaliation and failure to maintain the... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Went m2m after 10 years w a lease because buying first home. Landlord wants a 6 month lease In winter or 200 increase

Lived with a lease in rental 10 years. Finally going to be able to buy property so I wanted to go month to month so I can move out when ready. Was told that would b fine but after october I'd need to sign a 6 month lease to keep rent the same amount or I would have to pay an additional 200... View More

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

If you are asking if a landlord can increase your rent, the answer is yes once every 12 months. Some landlords will have month to month rates higher than fixed term lease amounts. This is normal.

However, if you are asking if the amount of the increase is improper, it is important to know...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have a renal agency coming after me for money and it has been 2 years and 2 months since I moved out, is this legal?

Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: I was not given a copy of lease I signed for this Apt, I asked for copy and copy had changes that were not on lease when

I signed. Crossed out and written in by hand. Is this legal?

Katherine Goodman
Katherine Goodman
answered on Aug 30, 2022

Generally, contracts/ leases are not modified unless both parties agree, consent, to the modifications. However, without seeing the lease agreement and without more facts a local landlord tenant attorney would be unable to answer your question. If you have not reached out to a local landlord tenant... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does an apartment not providing timely repairs and not fully helping with noise issues let us break our lease?

At the apartment I am currently living in, in Oregon I am having issues with the apartment complex fixing issues in our apartment in a timely manner. For example, we put a maintenance request in June and they still not been completed. We also have been having noise issues with our Neighbors since... View More

Katherine Goodman
Katherine Goodman
answered on Aug 18, 2022

Under Oregon Law your landlord has to complete repairs within a reasonable timeframe. If you have not followed up on your repair request that you made in June, you should do that. If you have spoken with your landlord about requesting a similar unit to what you are renting now in a different part... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there a time limit on this where the tenant can recover damages?

He was only out of his unit for 2 days and was living under a temporary occupancy agreement, It involved a domestic dispute where the defendant was shoving the other tenant.

Gregory L Abbott
Gregory L Abbott
answered on Aug 11, 2022

There is always a time deadline for filing a claim. What it is depends upon what violation is being claimed and against who. 1 year is the statute for claims arising out of a residential rental agreement or Oregon's Residential Landlord Tenant Act. But negligence is 2 years. Other causes of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord just sent me 10 day termination for non payment but i dont owe anything and heres why.

I am on section 8 and can prove that i dont pay any rent. All i am required to pay is $100 for w/s/g and yet my landlord has charged me close to 10 thousand since march. Which has been paid and i was at a 0 balance and now i should only owe 100 dollars for august. But they are trying to evict me... View More

Katherine Goodman
Katherine Goodman
answered on Aug 11, 2022

Under Oregon Law your landlord is required to reasonably work to repair your unit. Without more facts no attorney would be able to tell you if your landlord has not been reasonable. If you have not reached out to landlord respectfully in writing to request and reschedule the exterminator and repair... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: Im a landlord and my tenant has gotten an animal neglect charge from the city, is it on me at that point to evict her?

If I don’t evict will I be at risk of getting in trouble with the state for the animals neglected in my home?

Jina Ly Clark
Jina Ly Clark
answered on Aug 10, 2022

Any attorney would need to know more to fully answer your question. For instance, does the tenant claim the animals a service animals? Can the tenants be given a no-cause eviction under the new laws limiting no-cause evictions? Do the tenants have any potential counterclaims? Can you prove a... View More

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