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COVID-19 Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: LL sent 2 unlawful no-cause eviction notices last year I just got a 90 day notice because she’s moving back. Legal?

Last summer I first got a 30 day notice and after I sent her info showing it wasn’t legal she sent me a 90 day notice. Still unlawful. I believe she was looking to give whatever legal reason for evicting me so she said she was moving back in. . Some months have gone by and today I got a new 90... View More

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

Yes. There was a time under the Covid restrictions when all no-cause terminations were prohibited but no longer. Further, at the moment at least, almost all Covid moratorium restrictions re landlord-tenant law in Oregon are scheduled to expire as of the end of June. Depending upon the details of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland. Sublet to roommate, multiple lease violations. Gave 30 day notice to vacate, allowed? Will court even process?

Thank you for your help. No cause 30-day notice seems to be unenforceable until after 06/30/21 based on HB 4401. Roommate smoking which is causing health issues for other roommate in same house. Should I give for cause instead? Is 30 days allowed when in the same dwelling unit? I'm subletting... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2021

First, be careful as subletting violates most lease agreements, at least without your landlord's express permission. Most no cause terminations are prohibited during Covid. Most for cause terminations are allowed (except for failure to pay rent) during Covid. The question is whether you have... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Due to Covid can my landlord give me 60 days to move out because she sold the house without telling us she was selling?

She called us to tell us we have 60 days to vacate. We didn’t even know that she was selling the house. I have 4 kids and my mom lives with us. Please help. I don’t know what to do.

Bennett James Wills
Bennett James Wills
answered on Apr 21, 2021

The answer is in your lease. If you still have a lease term then she cannot evict you for selling the house. If, however, you are on a month-month lease, then perhaps she can give you proper notice to vacate. The owner does not need your permission to sell the house; but any buyer of the property... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own a house just outside city of Milwaukie, OR. Renter now over $12k behind and has stopped paying altogether.

Does Oregon law allow us to sell the property during COVID crisis? We know penalties for selling may be stiff but have not been able to find out what they may be in our area. Tenant has lived over one year and annual lease is up on June 30, 2021.

Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Apr 19, 2021

When you say your rental property is "just outside of city of Milwaukie", I am interpreting that to mean it is not within the Portland city limits (Portland rules are different). You are free to sell your home anytime, regardless of Covid. If the buyer wishes to use it as investment... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord selling the house. The new owners want the whole house. Do I have to move under the covid relief thats in order
Morris Leo Greb
Morris Leo Greb
answered on Apr 18, 2021

If you have a written lease, you may remain in the residence until the maturity date stated in the lease. If you are a tenant for a term up to a year. You may remain the premises until the renewal date. If you are month to month, the owner may obtain possession if the landlord follows statutory... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Hi What is the statue of limitations for suing a landlord for breach of the rental contract. I’m in Kansas. Thank you
Scott C. Stockwell
Scott C. Stockwell
answered on Apr 5, 2021

The statute of limitation for an action based upon a written agreement is 5 years. If the agreement was oral, it would be 3 years. There may be some statutory rights (e.g., Landlord Tenant) that are involved in which case the statute of limitations would generally be three years. If the statutory... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord verbally tell me is selling the house I am renting? Can he schedule showings during pandemic?

My lease expires in June 30. He told me is selling but he did not give me a writing note. He is scheduling shows but I am very concern because I am 65 years old.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 3, 2021

Yes, your landlord can show the house assuming he gives you reasonable notice. Obviously you can require the visitors to observe measures (wearing of masks, etc.) to protect you from infection.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I am up to date on paying my rent. My landlord has called me saying he has a buyer for the house and wants me out

Does the covid act help me for more time on getting out?

Michael Zamzow
Michael Zamzow
answered on Apr 3, 2021

It is possible there are pandemic related protections in place, but those are ephemeral and case-by-location.

Here are some key points to be aware of:

(1) If you have a lease, with a defined term (for example until July 1, 2021), it is likely the landlord CANNOT remove you for any...
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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for Michigan on
Q: Do I have a right to request termination of lease, before my move in date, if landlord is not responding to concerns?

Do I have a right to request termination of lease, before my move in date, if no one is responding to these concerns? I found pests(bedbugs) of what I believe to be an infestation as I was cleaning the unit. I have proof and I’ve contacted the agent and the Property Manager and sent them... View More

Michael Zamzow
Michael Zamzow
answered on Mar 31, 2021

There's quite a lot of misconception around landlord and tenant laws. The Michigan Landlord Tenant handbook should be easy to find and will have some helpful information in it.

Anytime you break a contract, with a complete defense or not, you're risking retaliation (balance that...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord sold the property. Does he have the right to make me move out during the pandemic if it leaves me homeless.
Barry W. Kaufman
Barry W. Kaufman
answered on Mar 31, 2021

If you have a lease with the old landlord, the new owner must honor your lease. When your lease expires, you must leave unless the new owner and you enter into a new lease. The owner is not obligated in any way to let you stay 1 minute after your lease expires. It's up to you to find a new... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in MD and I have filed a breach of lease against the tenant who I am renting my house to.

When I filed the form for eviction at District court, I check marked the box for 14 days breach of lease causing imminent danger. Is it possible to change the eviction notice to 30 days for breach of lease?

Also if I filed my case on January 25th and I issued a notice to quit/vacate... View More

Leonard A Englander
Leonard A Englander
answered on Mar 30, 2021

That's a whole bunch of questions. In regards to the 14 days, if there is danger of imminent damage/harm, then yes, you could go for the 14 day notice.

In regards to will the judge really look at the notice: it depends on the judge, but yes, they should certainly be looking at it....
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My mom has been in her home 6 years the landlord said his family wants to sell. Wants her out so they can update it.

Nowhere on the lease does it say they might sell the home. He said he would give her a good reference. Were in the middle of a pandemic. She can't find a home under stress and the landlord wants to start remodeling so he told her he really needs her to find a place. What are her rights

Joseph Jaap
Joseph Jaap
answered on Mar 29, 2021

The landlord must honor the terms of the written lease until it expires. But when the lease term expires, if the tenant does not vacate, then the landlord can file for an eviction. If the lease has already expired, then the landlord can give 30 days written notice to terminate the lease at the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord raise rent during the pandemic moratorium in Oregon?
Gregory L Abbott
Gregory L Abbott
answered on Mar 25, 2021

As long as the normal rules are followed - adequate, lawful notice; the raise is within the maximum allowed; etc. Nothing in the Covid moratorium prohibits raising rent.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is this rent increase of 7.8% legal according to NJ Law? To whom do I address first to stop it before 5/1/21 deadline

My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 24, 2021

The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, my tenant has given proper notice to vacate, but refuses to pay final month’s rent.

She wants me to use the security deposit instead, which gives her no incentive to clean the apartment etc. upon leaving. I’m fairly certain the security deposit will not cover the cleaning, damages, and back rent, and since she will not provide a forwarding address, I feel I am without options.... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 24, 2021

In Virginia, the tenant's security deposit is not permitted to be used for the rent, whether it is the last month's payment or another month's payment. If the tenant has not paid this month's rent, you need to follow the proper procedures of giving a notice to pay or quit and... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Served a 30 day notice to vacate and can't afford the rent do to pandemic. What rights do I have during covid 19

Should I treat this as a eviction?

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

This notice may be invalid because if this is a residence, the minimum notice is 60 days, not 30, except in special circumstances. If you were there at least one year, you may also be entitled to a move out allowance equal to 30 day's rent. You should consult with a local Tenant's... View More

2 Answers | Asked in Landlord - Tenant for Utah on
Q: I am buying my father's home and my sister is living in home and refuses to leave

My father is selling us his home and my sister who has lived with him for years is refusing to leave we have given her many months notice she would have to leave when we close on the home and now with closing a week away she's refusing to leave we are in Utah FYI she hasn't been effected... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 18, 2021

As an update to my previous answer, I just noted that you are purchasing the home personally. This changes many things, the first of which is that the one week deadline is not usually a hard deadline. You can normally reschedule. It's annoying, but little is lost other than time.

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I have an 18 month lease that will expire at the end of June 2021. My landlord has decided to sell. I live in Maryland

How much written notice must he give me? What if I can't find another place? Am I protected by Covid? I am not behind on my rent.

Leonard A Englander
Leonard A Englander
answered on Mar 15, 2021

Generally speaking, the notice requirement is 30 days notice, effective rent due date. If your landlord wants to sell it, that's how much notice he will have to give (ie. May 2021). There is talk of a law prohibiting the giving of notice in MD for a while, but it's unclear whether that... View More

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