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Landlord gave us a no cause eviction June of 2020 the day after we paid rent and late fee. When the moratorium was extended she rescinded that notice. A couple weeks ago she mailed us a notice of Rent increase effective Sept 1 but didn't give it to us until end of June, so definitely not 90... Read more »
Your landlord's actions appear to be highly suspect but more exact details are needed to know much. Charging a late fee in June 2020 may or may not have been legal (it became unlawful to charge late fees during Covid but I don't recall the effective date off the top of my head). Any... Read more »
Of course - any/all of the Covid moratorium rental restrictions apply to landlords either terminating a tenant's tenancy due to failure to pay rent or without cause. Neither apply to early termination fees - these are imposed only when a tenant elects to terminate their lease early. If they... Read more »
Hey so I’m renting a house and just had a new born today came home and had a letter saying there showing the house Ever since I called the city/ county for her to make repairs of a septic and oil tank leaking they took matter in there own hands and email her for the septic charging her and the... Read more »
A landlord has the right to sell the rental dwelling if they wish but they still have to provide at least 24 hours advance notice of their intent to enter to show the dwelling. You do not have to allow any specific showing but are not free to ban all showings. You can require that those that... Read more »
I am in Deschutes Co. There are personality and lifestyle issues that make it uncomfortable in my home (nothing illegal though).
Yes, there are special legislative restrictions on terminating tenancies at least until July 1st. Even thereafter, you can only terminate a tenancy either for cause or without cause - and if without cause, it must still be for a permitted reason. The financial penalties to a landlord who makes... Read more »
My apartment manager says with my 30 days notice, I have to pay in full before I move out to break my lease. My name on the waiting list have been for a year and a half, I’m a single mom. I asked if I could make payments because I don’t have the money to pay all that in full, and pay my new... Read more »
Your manager is correct about you being obligated to move out once you give written notice - he does not have to let you change your mind about either the date or if you are going to leave. He is wrong however about you having to pay any penalty before being able to leave. Make no mistake - you... Read more »
We have lived on property for 15 years there was a landlord tenant relationship with the previous owners though we did not pay a monthly rental. They sold the property January 1st 2021 the new owner does not want to move in to the home ,but refuses to rent to us. The only eviction notice we got was... Read more »
You don't say where you are in Oregon or if you are on a month to month tenancy or a fixed-term lease. You also don't say why there is a landlord-tenant relationship if you are not paying any rent. Regardless, the only way to know anything meaningful is for you to take everything to a... Read more »
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 »
We are the landlords of a house that has rented to tenant in Portland. The original lease date was on October 01, 2018 to October 01, 2019. After the leasing ended, we renewed the lease with tenant and the lease would end on April 01, 2021. However, on March 15, 2021, we sent to tenant a lease... Read more »
You appear to be just racking up potential violations that may come back to haunt you. You don't say what the existing/now expired lease provides regarding renewal but within the City of Portland, a landlord is required to offer a renewal lease unless you meet specific criteria. And in all... Read more »
tenants have lived there for over a year and are on month to month. Looks like I can sell the unit if who ever purchases it moves in, and I give the tenants 90 notice. I know I will have to pay the moving costs Portland makes landlords pay the tenants.
Yes, even with the current Covid restrictions, a landlord can sell the rental dwelling if they jump through all the correct hoops. You must first have accepted an offer to buy the property and have the buyer certify that they intend to occupy the property as their primary residence. Then, you... Read more »
He has been employed for most of Covid and received a stack o f unemployment checks for that time. His rent includes all of his bills, so he only pays for his food. He has not paid me any rent since June of 2020. He refuses to move out and refuses to clean. He tries to instgate fight to try to get... Read more »
No, part of the Covid moratorium laws re landlord-tenant specify that a tenant's declaration regarding inability to pay rent cannot be challenged in court. But it does sound as if you may have grounds for issuing for cause termination notices - and they are not prohibited during Covid (except... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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.
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... Read more »
Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.
Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their... Read more »
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.
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 »
I am the defendant in eviction court because I have been asked to leave without reason. The landlord has stated that the lease expired and owner did not want to continue a lease. I stayed because I have no home if she makes me leave and I need a valid reason if I am to become homeless. How do I... Read more »
Your best move would be to have reviewed everything with an attorney - a single visit would likely evaluate your likelihood of success - before going to court. IF the landlord has an attorney and you do not, you are particularly at a disadvantage. That said, during the pandemic, there are very... Read more »
I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... Read more »
I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... Read more »
I’ve been living in for 2 1/2 years with my 14 year old daughter. Last month I reported to the landlord of the leaks in the bathroom. As a retaliation he wants to sell the home. I am currently on Noha who pays my rent.
While prohibited for a while during the pandemic, currently landlord's are allowed to give a tenant a 90 day written notice terminating their tenancy if they sell the dwelling to a buyer who intends to occupy it as their primary residence. They cannot issue the notice until they have accepted... Read more »
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