In the State of Oregon
Without knowing more facts about the property, what your share of the property, and the terms of the agreement that you and the other owners entered into, it is unlikely. If you not have had a real estate attorney review the contract, agreement, you have with the other owners you should do so... Read more »
We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... Read more »
You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.
My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »
In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »
I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... Read more »
It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... Read more »
The title of the property was free and clear when it was bought. Negotiating with this neighbor doesn't seem to be an option.
You will have to hire a competent OR attorney who engages in real property litigation. Your argument is that the boundary has long been acquiesced by all adjoining landowners for a long time. The suit will be a boundary dispute, which is basically a declaratory judgment action. You will need... Read more »
I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.
When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”
You... Read more »
Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... Read more »
He was told this by the relastate company representative handling the property.
The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... Read more »
It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.
I received a notice that my rent was going to be increased on April 30th. I signed a new lease for an entire year. The amount that is stated on the lease is $1,378. Since April they have been billing me $1,462. I called and left them a voicemail yesterday letting them know that they're billing... Read more »
If you have a valid fixed term lease, they are stuck and cannot raise your tent until it expires unless there is an unusual clause in your lease allowing for it or unless you voluntarily agree to modify or replace the lease - and why would you?
We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... Read more »
Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.
If he holds onto the property, either as a... Read more »
My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »
It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.
I own a property with my dad and ex-wife. My dad and ex-wife both want to exit ownership through a quitclaim. Can they file quitclaims for themselves or do we all need to sign off on each one?
You have not stated the exact Estate that each of you own presently. But most likely one quit claim deed from your Father and ex wife as grantors will place the Fee Simply Title in you. Hire a competent OR attorney to handle this properly.
We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here
Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... Read more »
Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?
One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which... Read more »
My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... Read more »
Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... Read more »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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