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 »
My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... Read more »
Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,...Read more »
I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... Read more »
You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"...Read more »
More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the...Read more »
This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.
A future admission may be denied based upon the...Read more »
What can I do to keep from losing my cash buyer? She has been waiting six months to move in. The renter first said she could not find a house to rent. She keeps coming up with excuses why she can't move. She has sited the Covid 19 saying she does'nt have to move now. At first she refused... Read more »
It is not a question of the tenant's convenience, it is a question of whether you have fully complied with the termination of tenancy requirements - written notice containing the required information, lawfully served. If so, you simply file in court to evict. If not, you start over....Read more »
She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... Read more »
Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece...Read more »
With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.
One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling...Read more »
She sent us a certified letter, and we are trying to figure out a place to go. But it hasn't happened yet. What happens when she shows up on the day we are supposed to be out wanting us out. And our 5 kids
Whether that is lawful depends upon the reason given in the no cause notice. They can only be given for permitted reasons and only 2 of those reasons are allowed during the pandemic. Plus if she only sent the notice by certified mail, it is unenforceable. Additionally, if she has issued the...Read more »
I am very sorry this happened to you. Especially this time of the year, with COVID-19 impacting much of our lives. I am going to assume that you were not at-fault in this accident. First the health of you and your child are the most important thing. Fortunately, a well-protected baby can do well in...Read more »
I received an email from my landlord saying I had 14 days to cure, and that on day 14 they would be doing an inspection. Is this legal? Or do they have to give it to me in person? They cited Covid as the reason for email instead of in person.
Covid does not change a landlord's obligations - serving solely by email (or text for that matter) is not a lawful way to serve a 30 day for cause termination notice and any attempt to enforce the Notice is likely to fail in court. As to whether it also is a valid method of notifying you of...Read more »
I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... Read more »
Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault...Read more »
Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be... Read more »
Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold...Read more »
A landlord has no obligation to provide any appliances. However, if they do provide any, it is their duty to maintain and repair those appliances since they were part of what you're paying rent for. If he refuses to replace them, you likely have claims against him. If your dwelling is within...Read more »
It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.