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COVID-19 Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord in Oregon raise rent during Covid-19? There's been no changes to renter's employment & salary. Thank you!
Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2020

Of course. The statutory moratoriums are on eviction for failure to pay rent during the pandemic - a tenant is still obligated to pay - or for no-cause terminations. There is no prohibition on raising rent as long as the minimum 90 day notice period is followed, the rent increase does not violate... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is ORS 90.302(2)(e) that landlord can only assess one and half months rent if we vacate without cause enforceable?

Our lease has that clause and we would like to use it. I called the manager - she would not talk to me but had the receptionist tell me that they aren't honoring that provision. I have emailed and expect to get a more detailed response soon, but I am wondering about my rights here.

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2020

It depends upon the exact wording in the lease. Many leases allow the landlord the OPTION of assessing 1 1/2 months rent as a "fixed" penalty for breaking a lease early, but also allow them to go with actual damages instead. You just have to carefully read your lease. Generally... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a 30 day notice to vacate Unit is put in and one of the roommate stills remains in Unit and refuses to leave,

We asked this roommate multiple times to complete the Re-screening process in order to determine if they qualified on their own to take over Rental Agreement, but refused to. This person has caused damage and had the police out the the Unit several times for disturbances. What are our options as a... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2020

First, roommates have no authority to terminate another roommates tenancy unless they are also the landlord. Currently, during Covid 19, landlords may not issue termination notices or otherwise attempt to evict with specified cause and proper For Cause notices. IF the tenant gave a termination... View More

1 Answer | Asked in Landlord - Tenant and Libel & Slander for Oregon on
Q: R eviction notice texts valid? Landlord harasses,bullies me,abuse of entry. No lease. What can I do to make him stop?

I tested positive for COVID in July after moving in. I recovered but my landlord started texting me eviction notices and that the "moratorium is bogus," so I have no rights because there's no lease agreement, except the initial inquiry of renting the room and agreeing to a price... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 29, 2020

First, you should fully document the landlord's actions - dates, times, witnesses, what was said, etc. You may well have claims against the landlord for the unlawful entries and/or the WiFi. Beyond that, no, neither text nor email messages are valid forms of issuing a termination of tenancy... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlords legally raise the rent, during COVID 19, when the lease comes up for renewal?

My current lease is set to expire in December, most of the tenants living in the same complex, are saying that the rent usually increases upon executing a new lease.

Gregory L Abbott
Gregory L Abbott
answered on Sep 28, 2020

As long as they do not raise the rent more than the statutory cap, certainly a landlord may raise rent with 90 days prior written notice. Covid protections prohibit evicting a tenant for failure to pay rent during the pandemic; they say nothing about prohibiting rent increases.

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... View 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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Pendleton, OR, Umatilla Co. Can a new landowner force already established tenants to enter a new month to month lease?

I have been in the same place 14 mos, beginning with a 6 mo lease, month to month there after and have had no negative marks. The property was suddenly sold and I was assured by the new owner the lease would be adopted and to expect no changes, now a property management co is attempting requirement... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 22, 2020

Yes, generally speaking a landlord can require a tenant to sign a new lease with proper notice. Many of the changes are likely possible anyway if the landlord issues them as Rules and Regulations with proper notice. Whether smoking changes is material enough to avoid being changed in a Rules and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord sell the house we are currently renting? How much notice do they have to give us for it to be legal?

We're on a month to month term and the landlords have already put the house up for sale and have given us no notice. Where do we, as tenants, go from here? Do they have to pay us relocation assistance?

Gregory L Abbott
Gregory L Abbott
answered on Sep 13, 2020

No, no fee and no notice required. Nothing changes except who you pay your rent to (they will have to give you notice of that when the time comes). If the buyer wants to use your dwelling as their own primary residence, then the seller has to give you at least 90 days advanced notice and copies of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rented a room to someone using a standard month to month contract — he refuses to use a mask

What are my rights here?

Gregory L Abbott
Gregory L Abbott
answered on Sep 9, 2020

You need to be VERY careful - and likely are already exposed to a lawsuit by your tenant and are likely liable to him for statutory damages if the rental dwelling is within the City of Portland city limits. Did you include written notice of his tenant's relocation assistance rights? Did you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: No lease, 1.5 yrs of living in house, landlord said we must leave in 60 days due to renovations into commercial - legal?

We have never signed any lease agreement, have always paid rent on time, no issues. Now he is just kicking us out with 60 day notice during a pandemic because he wants to make the building into a store.

Gregory L Abbott
Gregory L Abbott
answered on Aug 28, 2020

IF you currently are residential landlord-tenant and IF you have been there more than a year, then a landlord may not even issue a no cause termination notice until after the Covid-19 crisis is declared over (currently scheduled for September 30th but subject to change as the time comes closer) and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hi there! I am a tenant and my landlord first told me she would return deposit with fees deducted and failed to do so.

I would like to start off by saying my car was stolen on her property and she admitted to letting me live with a very dirty air filter she could have changed before I moved in. Now I have moved out. Place was left in perfect condition within normal ware and tear. I accidentally broke a window pane... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2020

I also question the legality of trying to charge you a "Covid deep cleaning fee". As for the window repair, I understand and also would ask for a copy of the receipt (though there may not be much if the landlord or one of their already employees did the repair work) but understand the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can landlords raise rent during pandemic?

I live in a trailer park in albany Oregon and am told rent is gonna be raised in October. Is that legal during a pandemic considering a no eviction thing was passed earlier?

Gregory L Abbott
Gregory L Abbott
answered on Aug 12, 2020

There is a ban on terminating a tenancy without cause and for non-payment of rent during the pandemic. There is no ban on raising rent so long as the other requirements are met - at least 90 days prior written notice, the raise does not violate the statutory maximum, etc.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there any Covid restriction on a 90 day landlord cause notice? The reason is I'm moving into my home.

Also, can I offer a monetary incentive like, if you leave by X date I'll pay you X amount, or if by Y date I'll pay you Y amount?

Gregory L Abbott
Gregory L Abbott
answered on Jul 27, 2020

A 90 day notice is a no cause termination notice (but which can now only be issued for a "permitted reason". They are currently banned from even being issued due to Covid-19 until at least September 30 and possibly later. You are free, however, to provide a tenant with incentive to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If Landlord CAN issue “no-cause” notice after emergency period expires, Tenant cannot rely on grace period for extension

Please clarify: If a Tenant who did not pay rent during COVID emergency period becomes current on rent payments after the emergency period expires, Tenant cannot rely on 6-month grace period to extend tenancy since Landlord can simply issue “no-cause“ termination notice to get Tenant moved out... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2020

A tenant can rely upon a 6 month grace period to re-pay rent owed and accrued, but unpaid, during the Covid emergency and cannot be terminated/evicted because they have not paid rent during that emergency. A tenant does NOT have a 6 month grace period from being terminated/evicted for any other... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant gave notice via text May, he is moving in July, now says Sept 4th. Do we still owe relocation money?

We decided to sell the house after he said he was moving. he then asked us for a 90 day letter. I sent him a notice saying we were confused on his move out date since he kept texting different dates and we would consider from the time of letter 90 days per his request. I also sent him a cure or... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2020

This is all very confusing. First no termination notice - either from or to a tenant - is valid or enforceable if only sent by text or email. Second, if he is giving notice, why would you send a 90 day notice? Third, issuing a 90 day no cause notice during the Covid crisis is generally unlawful.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Landlord issue no-cause termination notice after COVID emergency ends if tenant hasn't paid rent but starts to pay?

Under HB4213, OR tenant has until 3/31/2021 to cure unpaid rent as long as tenant resumes paying monthly rent that is due after the emergency period expires -- but can Landlord then issue a "no-cause" 30-day or 60-day termination notice if tenant is paying rent after emergency period... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2020

A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just that - it has nothing (legally) to do with whether the tenant is current on their rent.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m getting a inspection on My rental.Am I legally allowed to ask the tenants to leave the property during that time?
Gregory L Abbott
Gregory L Abbott
answered on Jul 16, 2020

Ask? Of course. Require? Not a chance. Do you want others going through your home when you are not there? Neither do most tenants. Further the tenant has an absolute right to deny you entry as long as they do not do so unreasonably - and good luck in getting a Judge to say a tenant is being... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott
answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott
answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant during the pandemic if I plan to move into the residence?

I have a month to month lease agreement with the tenant that began in October, 2019. Originally I planned to move out of state but plans changed. Is the fact that I will be moving back into the residence cause to file eviction during the pandemic?

Gregory L Abbott
Gregory L Abbott
answered on Jul 1, 2020

It may be a permitted reason under ORS 90.427 (5) to issue a no cause termination (though if they have been there less than a year, you do not need a permitted reason) but it is expressly banned during the Governor's moratorium and technically is a potential misdemeanor if you do so. Further,... View More

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