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Oregon commercial lease and a landlord wishing to sell your building and the realtor goes door to door claiming your closing and have no lease when you do. And the evidence was shown to be true and they had 3 law firms try a manmade default what would the law of limitations be time wise and how... View More
answered on May 16, 2020
It will depend on specifics but you could have a number of different claims against the different parties you refer to.
Begin by looking at the terms contained in your lease--or if you do not have a lease there will be other rules that apply depending on the nature of your relationship with... View More
We paid a deposit for a venue in Oregon for an August wedding. Due to COVID-19, the venue is telling us we are being limited to 25 people. We asked for our deposit back and they are refusing. Not only are they refusing to return our deposit, they are telling me they will be grabbing the remainder... View More
answered on May 15, 2020
The answer to this question will depend on a number of specific factors--and COVID-19 makes matters even more complicated. Everyone, including attorneys who assist clients with the law, and lawmakers...who make the laws, are in uncharted territory right now; unfortunately, you too are impacted by... 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
They say they are "Grandfathered" in and the rules do not pertain to them as the attorney has told them. I want to contact the Attorney General, but was told that there is a clause in which we have to have mediation first. How do you mediate breaking the law?
answered on May 13, 2020
The answer to this question will depend heavily on what allowances exist in the HOA bylaws and whether the Board of Directors is following them.
If the bylaws allow emergency meetings under conditions such as those that exist relating to COVID, it is possible the Board of Directors is... 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
Since Covid-19 is a pandemic around the world right now and I have lost money only working part time,can he do this? I feel he’s using it as an excuse since I have been unable to pay the fines from HOA? Since there’s no place to go in Oregon as far as rental goes??
answered on Apr 19, 2020
IF it is a 90 day notice, for doing renovations, it is a no cause notice and if it was served to you anytime in April, it is both unlawful and unenforceable. No such notice can be given between April 1st and June 20, with the ending date being subject to change as the pandemic becomes clearer.... View More
How do I get him to leave.
answered on Apr 17, 2020
The simple answer is you don't. First, who does he pay his rent to? You or the landlord directly? If to the landlord, it is between him and the landlord. If to you, you may legally be his landlord - with all the duties and obligations of any landlord. Next, only a landlord can seek to... View More
I’m asking primarily because of covid-19 and we have been sick (untested).
answered on Apr 17, 2020
Sure they can as long as they give you at least 24 hrs advanced notice before entering. You, however, are also free to say "no, please do not enter" and they have to respect that. Any tenant can always refuse entry to a landlord (or anyone else except police with a warrant) by simply... View More
We entered into a settlement with our landlord to ne out by april 15th then this covid 19 sitiation happened and we are unable to move at this point our new house the landlord wont let us move in until the restrictions are lifted. My old landlord wont work with us so what i wanted to know was when... View More
answered on Apr 16, 2020
At the moment, the courts are essentially closed for civil cases until at least April 30th, subject to extension. The Governor has prohibited law enforcement from evicting anyone for non-payment of rent or without cause until at least June 20, 2020. You say your agreement to move out is based... View More
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