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COVID-19 Oregon Questions & Answers
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 Probate for Oregon on
Q: Is Multnomah County accepting small estate probate claims during Phase 1 reopening, re: Covid19
Theressa Hollis
Theressa Hollis
answered on Jul 20, 2020

Yes, you can still file an Affidavit of Claiming Successor (small estate) in Multnomah County. Unfortunately, the Court is not currently issuing certified copies. I recommend you have a probate attorney assist you and he/she will be able to print off the Affidavit from OCJIN once it is filed so... 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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My partner doesn’t want to move out. What can I do?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My mother rented a room to a tenant who is now endangering her, how can she evict?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I lease a house and legally sublet rooms on a month to month basis. Could I not renew a lease during Covid times?

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord keeps just showing up to my house during the covid-19 pandemic..demanding money

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

Gregory L Abbott
Gregory L Abbott
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

2 Answers | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license will be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... View More

Virgil Royer
Virgil Royer
answered on Jun 5, 2020

First, the collection agency is collecting a debt. They are not the Department of Motor Vehicles (DMV) and have no power to suspend your driving privilege. Second, you mentioned "grace" period. Did your insurance company deny coverage for this accident even though you just bought the car?... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord raise my rent when I renew my lease next month during this covid-19 pandemic?

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?

Gregory L Abbott
Gregory L Abbott
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

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my roommate just kick me out?

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

Katherine Goodman
Katherine Goodman
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

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant agreed to move out April 30, now refuses to; can I evict for cause?

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

Gregory L Abbott
Gregory L Abbott
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

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