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COVID-19 Oregon Questions & Answers
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... View 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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord raise rent during the pandemic moratorium in Oregon?
Gregory L Abbott
Gregory L Abbott
answered on Mar 25, 2021

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received a 90 day notice - LL wants to sell - via text. I'm current on rent & lease ends in Nov. Can they do this?

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... View More

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

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... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon do I have to wait for my rental to sell before I can ask owner for moving expenses during this pandemic?

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... View More

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

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have trial for an Eviction this Thursday. Is it possible to go to trial and ask for motion to set aside the day of?

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... View More

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

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... View More

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

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... View More

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

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am renting a home and the landlord want to sell. What rights do I have during this pandemic?

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.

Gregory L Abbott
Gregory L Abbott
answered on Mar 6, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to deny inspection to an equity group/ brokerage firm if it puts me at risk for Covid-19?

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... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 4, 2021

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,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord serve a 90 day no cause eviction during the moratorium?

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... View More

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

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"... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: What grounds does an employer have to force you to quit while on medical leave

I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment

Carrie Dyer
Carrie Dyer
answered on Jan 20, 2021

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... View More

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2 Answers | Asked in Immigration Law for Oregon on
Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.
Kevin L Dixler
Kevin L Dixler
answered on Jan 11, 2021

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...
View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I can't get my tenant to move after giving her notice that I have sold the house. She has refused to move out .

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... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 9, 2021

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.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My niece and her baby were removed by the sherriff from her house yesterday because of a eviction judgement by default.

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... View More

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

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... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon, I have a tenant who's lease is ending in March. Can I choose not to renew their lease?

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.

Gregory L Abbott
Gregory L Abbott
answered on Dec 21, 2020

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Our landlord gave us a 90 day no cause termination of tenancy, can she make us leave if we don't have a place to go?

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

Gregory L Abbott
Gregory L Abbott
answered on Dec 10, 2020

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... View More

1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: Hey so I got into a car accident with no license or insurance and I got hit on the passenger side by a Amazon car

But the place we where at didn’t have a stop sign and I had my 4 month old in the car and my back hurts really bad

Virgil Royer
Virgil Royer
answered on Dec 6, 2020

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... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to serve me a lease violation notice through e-mail?

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.

Gregory L Abbott
Gregory L Abbott
answered on Dec 2, 2020

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... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

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... View More

Jina Ly Clark
Jina Ly Clark
answered on Nov 26, 2020

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... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent an apt. Out only on a week to week. I have someone that refuses to leave after being asked to by owner and mgr.

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... View More

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

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... View More

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