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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oregon on
Q: Bought a house seller won't leave

We just bought a house. We gave the seller an extra 25 days to find a new place. We are now days away from our possession date and she told us that she has not found a new place yet so she won't be out in time. We did not hold any money in escrow. We have to be out of our current home. What... Read more »

Samuel J Pope
Samuel J Pope answered on May 9, 2021

Unfortunately, you have no leverage, because there is not any money in escrow. You should probably speak to a lawyer and move forward with eviction or whatever that lawyer suggests.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received a 90 day notice - LL wants to sell - via text. I'm current on rent & lease ends in Nov. Can they do this?

I am worried about finding a new rental in this current market within 90 days. Does the notice have to be mailed or hand delivered? Also, is wanting to sell a justified reason for an early termination within the pandemic? Would they have to pay any moving costs or penalties? Any advice would... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 23, 2021

Much depends upon where your dwelling is located and how long you have resided there. That said, email or text is never a lawful means of serving a tenant a termination of tenancy notice and is most likely unenforceable. I interpret your posting to mean that you have a fixed term lease through... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon do I have to wait for my rental to sell before I can ask owner for moving expenses during this pandemic?

I was notified our rental is being put on the market to be sold. Once sold, I may be given 90 days to move. At what point, if any, would The property owner be liable to pay for moving expenses? I read it could be up to one months rent. We are in a pandemic and rentals are scarce so if I have an... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 21, 2021

If you are not within the Portland city limits, and your landlord (not just property manager) owns 5 or more rental units in Oregon, then you will likely be entitled to receive one month's rent as relocation assistance with receipt of a valid 90 day Notice of Termination of Tenancy. If within... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What are my rights as an unauthorized occupant/squatter in Oregon?

A year ago, I moved in with my cousin and my parents. My cousin and dad are on the lease; my mom and I are not. My cousin has had issues with my parents and has been threatening to kick them out for months for no reason. I finally stepped in to defend them, and now he’s trying to kick me out too.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 12, 2021

Who issued this notice - the cousin or the master landlord? Do you pay any rent and if so, to whom - cousin or landlord? Depending upon the exact facts, the cousin may have no legal right to terminate anyone else's tenancy. Even if he does, the notice has to contain all the legally required... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: We are In the process of purchasing a home with renters who don’t want to leave

Current owner has served them a 90 day termination notice. Our realtor is saying that at the 90 day mark they can be removed by the sheriff if they haven’t voluntarily left yet. Is this true? Or would we have to wait the 90 days and then the current owner file for eviction proceedings?

Gregory L Abbott
Gregory L Abbott answered on Feb 28, 2021

I hope your realtor knows more about real estate than he does about landlord-tenant law. IF the current owner served a lawfully worded 90 day Notice, and lawfully served it, and the tenants don't leave, then the current owner will have to go to court to evict them - and that could take awhile... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My roommate and I own a home in oregon. Who decides if additional people move in

The home has no mortgage. I have a child. We all live in the home. We were in a long-term relationship but aren't anymore. He wants his new girlfriend and her son to move in

Gregory L Abbott
Gregory L Abbott answered on Feb 24, 2021

I assume you own the home as tenants in common. Any owner has the right to invite others to occupy the unit, so either of you can. If you can't even agree on co-occupants, perhaps being co-owners was not the wisest choice.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Oregon on
Q: My basement has had previous flood damage that was hidden from us and not found on inspection, do i have legal recourse?

My basement recently flooded from a sump pump that failed during a rain storm. After calling the insurance company and having them send ServPro out to assess the damage we discovered that there was previous flood damage and mold growing inside the walls. Insurance says they wont cover it because... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2021

An Oregon attorney could advise best, as obligations to disclose can differ according to state law. But your question remains open for two weeks. As as GENERAL premise of contract law, taking affirmative steps to hide a condition that was known could be bad faith (e.g. applying thick coatings in a... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: My tenant broke his lease, but paid the remaining 3 months rent left on his lease. Am I now allowed to rent the house?

I heard you’re not allowed to rent your house before the original lease expires (because you’d essentially be getting double rent). But the former tenant broke the lease of his own choice and paid the remaining rent of his own choice too. Must I keep my house vacant for 3 months?

Gregory L Abbott
Gregory L Abbott answered on Feb 2, 2021

As long as it is clear that the tenant has abandoned or otherwise terminated his tenancy, you are free to re-assume possession and rent it out. IF you rent it out prior to the remaining three months on the ex-tenant's lease, and for which you have been paid in full, you must refund to the... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: My fiancée and I own a house in Oregon. We are both on the title and the mortgage. However, several years ago she

created a trust. Our house is in this trust. She is listed as a "trustee" on the deed of our house. I am not. How does this affect my claims and ownership to the house if we were to split up?

Theressa Hollis
Theressa Hollis answered on Jan 22, 2021

If you did not sign the Deed transferring your share of the house into your fiancée's Trust then you still own that share (likely 50%). If you did sign the transfer Deed then you no longer own the house as it is owned by your fiancée's Trust. I recommend you have an attorney review... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon, I have a tenant who's lease is ending in March. Can I choose not to renew their lease?

With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.

Gregory L Abbott
Gregory L Abbott answered on Dec 21, 2020

One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Was never evicted my lock was cut moved somebody else in cop said I have no case how can this be

Do I have the right or do I have time to sue her the cop said there was nothing I can do but I don't believe that this happened in Brooks Oregon she wasn't even the manager and I never got an eviction notice my stuff was all destroyed what she did give me back she kept anything of value... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 18, 2020

Assuming you are talking about residential landlord-tenant (not storage bin lock cut, etc.), then you likely DO have claims against the landlord. First, do not take your legal advice from cops. Second, cops only deal with criminal matters - and the cop here most likely is correct, there likely is... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I am currently on the lease as the non financially responsible occupant.

My roommate and I are currently having problems and now I would like to move out. If I give them a 30 day notice, pay the rest of the rent for the next month, and offer to pay half the lease break fee if they would prefer to break the lease, could they potentially still sue me?

Kevin J. Kuhn
Kevin J. Kuhn answered on Dec 15, 2020

Sorry to hear you're having roommate problems. I am not sure what you mean when you say you're on the lease as the non-financially responsible tenant. If you mean that you're listed only as someone who will be occupying the apartment and not as a "tenant," then you are not... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My girlfriend and I are on a month to month lease with 1 roommate. Can the 2 of us give notice to vacate?

What if the 3rd Roomate doesn’t want to move out? Can we give notice and remove ourselves from the lease? Or are we responsible for the rent until a new Roomate is found?

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

If all 3 of you are on the same lease, any of you can issue the required 30 day termination of tenancy notice. Doing so will legally terminate the lease for all 3, though #3 can always talk with the landlord to see if they can enter into a new rental agreement, with or without new, replacement... Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Oregon on
Q: Dear Landlady, Your reason for turning us out in the middle of winter, amidst a pandemic, in a miserable rental mar

If it s true we have to move so owner can move in...

If we're good tenants, why did she not offer her vacant house next door to us?

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

An Oregon attorney could advise best, but your post remains open for a week. I'm sorry for the anguish your situation must be causing you, which is evident from your post.

Writing a public letter will not do very much for you. Reach out to one of the experienced Oregon landlord-tenant...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a landlord demand that we increase our renters insurance to $300,000? We are perfectly fine with the amount we pay.
Gregory L Abbott
Gregory L Abbott answered on Nov 13, 2020

In Oregon, a landlord can require a tenant to carry up to $100,000 insurance coverage if they jump through the right hoops.

1 Answer | Asked in Elder Law, Real Estate Law, Construction Law and Lemon Law for Oregon on
Q: I purchased a 1971 mobile home in October 2019 October. I started having major problems right away

Roof leaking . Kitchen cabinets falling in. Bathroom plumbing backed up. Kitchen sink leaking which took 5 times to fix. Ceiling leaks in bedroom, bathroom, and smaller bedroom, and around the front door. I was told the house was worked on by professionals, yet when I tried to get information... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 27, 2020

I recommend you contact the Oregon Dept. of Justice's Consumer Protection hotline at 503-378-4320 or toll-free in Oregon at 877-877-9392.

As you've learned, inspections should always be done before purchasing.

Because you are low income Legal Aid Services of Oregon may be...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I just bought a home occupied by tenants who have a verbal lease, and haven't paid rent in months what rights do I have?

My husband and I bought a property that includes a home, a large shop, a pivot, and 47 acres. The prior owner and leaser have no written contract, is currently late on payments. The home in question however, is occupied by the leaser's employee. The leaser tried to file bankruptcy to try to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 26, 2020

You need to fully review everything with a local landlord-tenant attorney. You are extremely limited in what you can do. You SHOULD have made getting rid of the tenant a condition of closing the sale. If you are intending to use the dwelling as your primary residence, the seller would have had... Read more »

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