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COVID-19 Oregon Questions & Answers
2 Answers | Asked in Landlord - Tenant for Oregon on
Q: We are renting a house in Medford. Is our landlord required to mask before entering. We have at risk people. Thank you

Any law to point to or information that helps would be great. We are fine with them entering to inspect but we want to be safe.

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2021

I know of no law that requires a landlord to wear a mask while entering your home. That said, you absolutely have a right to require him and all with him to do so as a condition of entry during Covid times. I do not believe any Judge would consider that to be unreasonable and as Ms. Goodman... Read more »

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2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Gabriel A Watson
Gabriel A Watson answered on Oct 11, 2021

I agree with what others have answered to this question. It is very unlikely that you have a claim against the renter or that most ethical attorneys would be willing to pursue such a claim. This doesn't mean there is no chance whatsoever that your stay at the rental caused your COVID, but from... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are our rights here? 90 notice.

Our landlord originally said that he wanted to sell the property and when we refused to have any people come in for showings due to having small children and covid-19 he decided to contact his attorney, which sent us a 90-day notice and a check for 1650.(equal to one month's rent) saying that... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 26, 2021

Substantial repairs requiring a tenant to vacate is a permitted reason for a landlord to issue a 90 day no cause termination of tenancy notice. Assuming the Notice contained the required information and was lawfully served, it likely is valid and likely enforceable. IF you move out and the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 25, 2021

Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed... Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: My wife sponsored me for AOS I-485 in the US but she's now on unemployment, can my income be used for I-864?

I entered the US this time on a B1/B2 visa and I wasn't working at the time I got married to my wife and we filed for Adjustment of Status and EAD in June 2019. She made enough money to complete form I-864 on her own. on August 2019 my EAD got approved and I have been working using that EAD... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 23, 2021

Yes. As long as you are authorized to accept employment your income may be used as household income.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have rented almost 3 years. In September of 2020 lease changed month to month. Today we got 60 day notice to vacate

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 »

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

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm in Corvallis, OR. Can a LL charge lease break fees with SB 282 in place? The bill doesn't say much about it.
Gregory L Abbott
Gregory L Abbott answered on Jun 15, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 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

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 »

Gregory L Abbott
Gregory L Abbott answered on Jun 15, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent out a room in my house in central OR. Are there covid restrictions to evicting a tenant that is not working out?

I am in Deschutes Co. There are personality and lifestyle issues that make it uncomfortable in my home (nothing illegal though).

Gregory L Abbott
Gregory L Abbott answered on Jun 7, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I qualify for low income housing, I’m trying to break my lease.

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 »

Gregory L Abbott
Gregory L Abbott answered on Jun 5, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Only eviction notice that we have received was from new owners lawyer that said we had 15 days to vacate, in Oregon.

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 »

Gregory L Abbott
Gregory L Abbott answered on May 17, 2021

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 »

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 Landlord - Tenant for Oregon on
Q: Please letting is know how to legally avoid to pay the reallocation assistance fee to tenant under the below situation?

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 »

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

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to sell a rental and understand I can if the purchaser moves in and I give tenant 90 day notice. True?

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.

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I challenge a declaration of an inability to pay rent for someone who rents a room in my residence and is employed?

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 »

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

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 »

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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Termination for not getting covid vaccine

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.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2021

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 »

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