My partner and I have been having issues.
He has been moving in and out for the last 10 months.
This time he said He was not going to move out. He said he had 30 days.
He hasn’t paid complete rent for this month.
Can I evict him for non payment?
I gave... View More
answered on Jun 22, 2020
First, verbal notices are not enforceable. Second, currently you cannot evict or even serve termination notices, for failure to pay rent during the covid crisis. That may change by July 1st. Also understand that if you accept partial payment of rent, you may be waiving your right to evict that... View More
My 62 year old mom lives in a mobile home park in S. Salem, her current total monthly earnings are less than $800; I consider her financially and socially vulnerable. In Feb., she rented a room to a woman, only to learn that her park's management would not 'approve' the renter as a... View More
answered on Jun 14, 2020
The fastest and cheapest way is IF the threats and stealing will convince a Judge to issue a Family Abuse Prevention Act (FAPA) restraining order. Mom can apply without charge at the court normally by filling out a petition form available from the court. She needs to give thought and care to... View More
Because the rooms are month to month, I would like to not renew the leases on one of the rooms. The Tenant has caused issues in the house with others and the property. I know I cannot evict them but since they are month to month can I just not renew their lease? I know I have to legally give them... View More
answered on Jun 11, 2020
No, first a month to month tenancy self-renews every month unless and until one of the two parties provides notice of their intent to not renew it at least 30 days (tenant)/90 days (landlord in Portland) after service of the notice. Issuing such notices by a landlord is currently prohibited by the... View More
She showed up and demand Ed entry and pushed her way into the front door and came inside..she has threaten me. Yesterday said she almost burned the house down because if the rent freeze and I couldn't pay rent. She harrased me on social media slandered my name. What do I do..I have messaged... View More
answered on Jun 10, 2020
The solution is simple, though perhaps not easy. You simply tell her no and do not allow her to enter. IF she does enter without your permission, document it as best you can - notes, photos, witnesses, etc. - and, if you are there, call the police to have her removed. If she enters without your... View More
before the pandemic my landlord was thinking of raising my rent to $1800 from $1600 next month when it is time to renew the lease. Can he do that now during the pandemic?
answered on May 27, 2020
While some details could otherwise affect the answer, a landlord must give you at least 90 days advanced written notice of any rent increase, and then only after the expiration of any fixed term lease. Plus any rent increase can be for no more than 9.9% over the last 12 months. If they try, it... View More
Hello,
I moved in with a friend and signed a lease with a 90 day notice of me choosing to leave or them asking me to leave. The lease is with the landlord who never gave me a copy once I signed it. I've asked for a copy now that my roommate (the daughter of the landlord) asked me to... View More
answered on May 26, 2020
No your roommate cannot just "throw" you out. Your landlord only has the authority to give you a notice to vacate the premises and terminate your tenancy. Depending on the type of lease/ tenancy you have, what city you live, and why they are giving you a written notice to terminate your... View More
I'm the landlord, tenant and I came to an agreement she'd be out by May, as I had people scheduled to move in. I had a new lease drawn up stating the end of her tenancy to be April 30th. Come May, she tells me she won't move out, citing difficulties related to COVID-19. I told her... View More
answered on May 22, 2020
IF you have a written notice from the tenant that she is terminating her tenancy as of a specific date and she fails to leave, then you likely can proceed to evict subject to the courts being open and handling eviction matters so long as you have not accepted any rent from the tenant for past the... View More
answered on May 14, 2020
Likely not but it may depend, at least in part, upon the details and your situation. IF you share the same dwelling with other tenants or the landlord themselves, then perhaps yes though to be enforceable it likely has to be a policy in writing and part of your lease or otherwise properly... View More
The lease would go from 5/31/2020 to 6/1/2021. I am nervous to sign because of all the economic uncertainty.
answered on May 13, 2020
You are never required to sign any document, let alone a year long lease. However, if you elect not to, you may subject to whatever termination procedures are listed in your current lease. Different leases handle the topic differently - some just expire on the termination date, you are expected... View More
I have lived in the same rental home for going on 6 years now in the state of Oregon.
Recently I was notified that the property owner “landlord” is selling the home in which I rent.
My landlord has had relators and photographers come into the home while taking no precautions... View More
answered on May 6, 2020
A landlord has to provide at least 24 hrs notice of intent to enter, be it to show to prospective buyers or any other non true emergency reason. The tenant is free to simply say no. If the landlord enters anyway, the tenant may be entitled to recover a month's rent in damages and/or a court... View More
answered on May 5, 2020
Certainly - the moratorium is on forcibly evicting a tenant for failing to pay rent during the pandemic; to date there has been no forgiveness of rent. It is, after all, one of the main purposes of having a security deposit. Just be sure to provide a written accounting for how much you are... View More
answered on May 4, 2020
It all depends - how long has the tenant been there? Over a year? If so, you can only refuse to renew the lease for a statutorily permitted reason - see ORS 90.427(5). If less than a year, you can refuse to renew the lease with the proper advanced written notice. It is unclear right now where... View More
My tenant and I signed a lease on Jan 1 2020 month to month tendency. Feb 1 2020 he couldn’t pay rent so we are doing a week to week tendency now. He has paid weekly until week 3/13-3/20. I hadn’t written any notice to quit or pay until this week 4/17-4/24 when he missed another payment. I... View More
answered on May 4, 2020
Oregon has become increasingly tenant-friendly and anti-landlord so if you are a new landlord you truly need to fully educate yourself about all the rules and regs regarding being a landlord. Most violations by landlords are unintentional and cost the landlord damages in terms of multiples of... View More
Do you guys also give equine boarding facility advice?
answered on May 1, 2020
To qualify for deferral of paying residential rent, the tenant is supposed to have applied and provided proof to the landlord before the 1st of the month that their ability to pay rent is currently compromised due to covid-19. Good luck in getting a Judge to enforce that and it won't really... View More
Lived in home for three years, never late in rent and experiencing serious harassment, bombarded with harsh texts and emails because I am expressing my distaste for having company during the stay home order.
Despite my reservations, the first open house was scheduled for April 4 after me... View More
answered on Apr 28, 2020
First and foremost, you need to understand that just because a landlord gives you a 24 hr notice that they intend to enter for any reason, you DO NOT have to allow it. Simply tell the landlord no. It is intended to be a mutually negotiated process - the landlord proposes a date/time to enter and... View More
I do not have a written lease, only verbal. I told my friend/landlord about a guy I was seeing. Shortly thereafter my landlord showed up unwarranted and stayed in a garden shed, told me I lost his trust, made hideous sexual references, threatened to kick me out. A few tough weeks followed, I’d... View More
answered on Apr 28, 2020
The exact details here make all the difference - which is why it is ALWAYS a good idea to only rent pursuant to a written lease. One main issue for you is likely to be what exactly it is that you rented. A written rental agreement specifies that. Here, IF the landlord can make an... View More
Enforceable during the state of Oregon moratorium? We know the person who owned the rental and he says that by law he can not do anything about it. Is this true? The owner worked out a payment plan for the deposit with us. He was going to pay the deposit and we would pay him back. The management... View More
answered on Apr 25, 2020
Management companies work for owners so I am not understanding your posting in general. Owners are not required to take security deposits. Regardless, if it is a no cause termination notice it cannot currently be legally issued to you and should be unenforceable as well as it's issuance being... View More
Our lease expires July 1st, and he just sent us an email 3 days ago saying that he's not going to be renewing our lease and he expects us to be out by the date of expiration. We have been living here for 3 years, he does not live on the premises and as far as I know, this is the only property... View More
answered on Apr 23, 2020
IF you have been there for more than a year, then the landlord MUST provide you at least 90 days advanced written notice that they do not intend to renew your lease and then only for a statutorily permitted reason. It sounds as if you have not gotten at least 90 days advanced notice; any... View More
Because of the virus I am stuck with them the police have been called the city took over the house and boarded up the windows for 3 months I lost everything leaving me homeless they opened the house up to us a 6 weeks ago and the behavior is worst off I need help the police can't do much... View More
answered on Apr 21, 2020
It is not clear why the City "took over the house" or why you "lost everything" and were left homeless or particularly why you would return to such an environment after having been removed. Nor is it clear why the virus situation means you "are stuck with them". The... View More
Do I still have to be out in 90
answered on Apr 20, 2020
You don't say where in Oregon you are; nor the permitted reason for the termination of your tenancy; nor the date you were served. All could arguably make a difference. That said, no one can be kicked out by the court until after June 20 per the Governor's Order (with the date subject... View More
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