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COVID-19 Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord remove the refrigerator, stove and microwave from my house after I have lived there for 5 months?

I am behind on my rent for November due to Covid and I think he is doing it to retaliate. I live in Portland in Multnomah County.

Gregory L Abbott
Gregory L Abbott
answered on Nov 19, 2020

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... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oregon on
Q: I am interested in purchasing a home that the seller is indicating the existing tenants need 9 months to remove from

Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2020

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... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How long is the process to petition the court to move out of state if I have joint custody?

I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 3, 2020

Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?

ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... View More

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

It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott
answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?

Can they force us out because of the sale?

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

These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is charging a $195 late fee for rent (they cashed my check a day before the check was dated on the 4th)

This was prior to September 30th 2020 and now they sent a letter threatening to send me to collections if the fee isn’t paid within 30 days. Does the current Oregon moratorium not protect me?

FYI, a check to a PO Box via check is the only way the take payment. Otherwise I’d used a... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 14, 2020

You may wish to review everything with a local landlord-tenant attorney since it appears you likely have claims against your landlord for damages. First, it is unlawful to charge, attempt to charge, or attempt to collect a late fee during the Covid pandemic in Oregon. It is illegal for a landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has threatened my life. Can I terminate my month-to-month lease immediately under these circumstances?

Thanks Gregory, I appreciate the response!

Gregory L Abbott
Gregory L Abbott
answered on Oct 6, 2020

You may wish to immediately consult a local landlord-tenant attorney. In Oregon, it is unlawful to record a telephone call if neither party to the call is aware that it is being recorded, so be very careful what you do with that recording. That said, you may well have grounds to get a FAPA... View More

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 Family Law for Oregon on
Q: The parenting plan says, “when the child is not attending school, follow the summer schedule” is distance learning

Considered attending school? Do we stay on the summer schedule or do we go back to the school schedule?

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

This is a difficult question to answer, because this situation has not been addressed by a court yet, due to the novelty of COVID. For the sake of stability of the children, I would be inclined to think a judge would require the parties to follow the school schedule, despite the distance learning,... 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

2 Answers | Asked in Car Accidents for Oregon on
Q: I scratched another car Left to get something to write with came back and they where gone. What do I do?

I was pulling in to a walmart parking lot and scratched another car. I then parked my car went over to the other car took a picture of the damage, then went back over to my car to get something to write with realized I didn't have anything so I went into the store to get paper and something to... View More

Virgil Royer
Virgil Royer
answered on Sep 12, 2020

Parking lots, especially busy ones like Wal-Mart, frequently have accidents--especially scratches. When you caused damage to property, you are required to let the owner know. ORS 811.700 is a Class A Misdemeanor. If you hit a parked car, you are required to wait for (or, locate) the owner to... View More

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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

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