Going Rental

Bedbugs and Promises Unkept

2011-09-06T07:06:00.000-07:00

Morning all,

Work begins for me in a half hour and I wonder what it will bring me today. Friday it brought a call from a man calling on behalf of his disabled, living w/cancer uncle who is living w/bedbugs. His uncle does not travel, has only his nephew as a visitor, so where did those pests come from?! Likely an adjacent unit that hasn't reported them to the manager. But why should they? After all, the uncle did and they sprayed his living room . . .nothing else. They are called bedbugs for a reason, yes? Just a block and half away are two other apartment complexes that have had bedbugs recently. At least they treated the units properly!

Then there was the master's student freshly arrived from North Carolina, who turned into her new driveway only to find people living on the property in their cars (yes, this is in Corvallis). Next came the battered/dented front door, blackened toilet, smell of mold, and in the bathroom another unwanted smell. Then the fleas! Welcome to Corvallis.

Yes, another day and another "Welcome to Corvallis."

Sewage Happens, even to my daughter

2011-08-25T21:11:00.000-07:00

First off, a BIG thank you and much appreciation to Capri Apartments of Eugene!! They rocked my world today.

Everyday I receive calls from people w/rental issues, and sometimes questions from my daughter who goes to school at UO. Her current roommate went down to Eugene to start packing to move out. When she opened the door to the apartment, there was a strong odor and the floor was 80% covered in water . . . well not just water (and fortunately not fecal material!). A drain apparently had become clogged and the kitchen sink overflowed quite generously. How long ago had this happened? Don't exactly know, but no one had been in the apartment since August 1st. Yes, there was mold, but surprising little. There was water damaged books, papers, art (roomie is an artist), high heels (!) and a few other things.

Overall, not too bad considering. The take-home message? Two, actually. First, call your property manager immediately!! They appreciate getting a jump on a problem. Two, have renters insurance which covers damaged goods in such cases. Both my daughter (surprise) and her roomie have such insurance. Our daughter is covered by our homeowners policy as long as she is a student (our son is not a student but does have renters insurance).

It took us ~ three hours to clean stuff out, and there will be more time spent tomorrow emptying out the apartment (the flooring will need to replaced, mold addressed, and possibly some wall repairs, too). Capri Apartments allowed us the use of a vacant unit to put dry items in overnight to be picked up tomorrow. Again, Capri was excellent! Did I mention that Capri also gave them laundry cards so they clean clothes and bedding (as in, free access to the washers and dryers!!). Capri can come to Corvallis anytime!

Class For Landlords

2011-08-11T19:46:00.000-07:00

The Linn Benton Rental Housing Association is having a class, "General Property Management" next Thursday, August 18, from 1-5 pm, at the Phoenix Inn Suites in Albany. If you are relatively new to the BUSINESS of property management, this class will be a great start to your education. Taught by Violet Wilson, vice president of the Oregon Rental Housing Association, the class is designed to help landlords learn the ins and out of property management, improve profit margins, and avoid pitfalls.

To register for the class, or get more information, call Althea Madison at 541-207-8532, or via email: althea@peak.org. Cost is $40 for a LBRHA member, $50 for a non-member.

Become educated!

Follow up to last post: Busted Door

2011-07-27T21:38:00.000-07:00

As a follow up to why you should always do a background check . . .

I heard back from the poor landlord who didn't do a background check and wound up w/a frequent occupant of the Benton County jail as his tenant. Late Friday/early Saturday morning the police came to arrest the guy for criminal trespass. He refused to open the door, so the police kicked it in. Now the landlord gets to replace the door and jambs and try to recover the cost from the tenant.

I referred him to his attorney for help w/the eviction process. It will be faster and CHEAPER to do so, not to mention safer . . . for both of them!

Why You Should Always Always Always Do a Complete Background Check!

2011-07-18T20:48:00.000-07:00

If you are reading this, then I'm preaching to the choir. But sometimes even choir members don't follow the music, yes even tenors.

First call of the day and it's from someone I know. Been a landlord for years. Always trusts his gut. There was a time that was good enough, but not any more. He went to investigate a plumbing leak and walked into a little grow: weed. pot. mary jane. "Gee," I said, "I didn't know you were 420 friendly, friend." He asked what that meant (If you don't know, ask me some time). Besides the growing, there had been some using, and based on the "tag" on the wall outside the unit, there's probably a bit of selling, too.

Some of you don't mind a bit of herb, but it's not just about the dope; growing it inside can lead to mold, and landlords don't particularly care to clean up a moldy mess.

Turns out my friend doesn't do any background checks at all, even though this isn't his first time dealing w/drugs . . . in the same unit. I explained why today trusting you gut is still OK, but follow it up w/a credit and criminal background check. Cost you a bit of time, maybe money if you choose not to pass it on to the tenant, which you can do.

We talked more and I asked him if he would share the tenant's name w/me, which he did. Not only did I recognize his name from his frequent flights to the county jail, but his last arrest was for being a felon w/a firearm!

Remember, you really can't be too careful out there. Always Always Always do a complete background check.

Same Stuff, Differnet Day

2011-07-14T20:40:00.000-07:00

Well, sort of the same stuff. A relatively new landlord in town is taking a different approach to pricing their units. First, they'll find out what you can afford, based on their requirements, and then show you an apartment that meets your requirements, and what do you know? That apartment is priced at exactly what you can afford! That's right, the price "floats." The more you can afford, the more you'll pay. Amazing how that works, isn't it?! Yes, you can negotiate downward, but they won't tell you that. The idea is you'll probably pay more than you would have otherwise. Legal? Apparently so, according to the two attorneys I spoke with today, as long as you didn't respond to a "Bait and Switch" ad. But how would you know? Crazy times.

On the flip side of life, a landlord contacted me w/an issue they hadn't had before. I knew they have managed apartments for more than 20 years, so this would be "special." OK, not so special, but thoroughly annoying to deal with as a landlord, or more likely as the parent of a young one with an out-of-control bladder. Seems that the former tenant didn't always hit the target as it were, but managed to miss it by wide margins, like not even in the same room! Carpet, pad and subfloor ruined. Baseboard heater rusted out. Walls colored yellow. And the odor. $4,000+ later it has been repaired, but the odor still lingers. Somewhat funny, and yet not at all. The tenant won't have that kind of money to pay the landlord for the repairs, no time soon, anyway. The kicker? Before they knew the problem existed, the landlord let them rent from them in another apartment they manage. Two weeks in the new one, and it has started all over again.

The joys of being a tenant and a landlord.

A Dream

2011-07-11T21:29:00.000-07:00

As the Corvallis rental market continues to be tight (low, very low vacancy rate), tenants must look to other communities for housing. Unfortunately, communities nearby Corvallis do not have a Rental Housing Program to help them with their rental problems. This includes landlords, too, as they call me with issues of their own (evictions, 24 hour notices, drugs, etc).

Wouldn't it be nice to have a regional Rental Housing Program where anyone with a landlord/tenant issue could call for some non-legal, but helpful advice?

Foreclosures and Rentals

2011-07-11T21:24:00.000-07:00

In case you didn't know, tenants who are in a property that is in foreclosure may tell their landlord, in writing, that they are going to use their deposit for rent. This statute was created so that tenants would not lose their deposit through no fault of their own. Should the landlord be able to remove the foreclosure, the tenant will need to replace the deposit. The law is unclear as to what time frame a tenant has to do so, but this will change in January 2012. At that time, a tenant will have two (2) months to replenish their deposit.

Why it is difficult to write this blog

2011-06-06T02:51:00.000-07:00

It's 2:52 in the morning and I can't sleep. Knowing that later today I will likely tell a couple that I've known for a few years that I can't help them solve their situation for at least ten days. Why? It's how the City of Corvallis Rental Housing Code works. Never mind that the landlord is well aware of the problem, that the couple have submitted written maintenance requests, or that the situation is deplorable, the living conditions unlivable. The couple need to provide a copy of their requests for repairs in order to the landlord to the City (me) in order to file a complaint. Oregon Landlord & Tenant Law certainly covers this issue, but you need to have an attorney, in most cases, to enforce the law.

Sounds simple, right? It is if you have a computer, have easy access to a copy machine, have a decent landlord, or don't have a serious medical condition. But lack one or all of these, and you're stuck for at least ten more days . . . minimum.

The roof leaked badly. There is plastic sheathing on the roof, poorly installed. The ceiling has fallen in in two of the three bedrooms making them unusable. The humidity and smell of mold and must in those rooms is strong. I lasted less than five minutes when visiting the couple last Friday.

Why does the couple stay there? No money to move. Get an attorney? No money to do so and no help from Legal Aide. Solution? Live with it. Trouble is, I'm having trouble living with it, too. Eight o'clock is going to come way too soon.

Renting to 16, 17 Year Olds in Oregon

2011-02-07T07:07:00.001-08:00

Yes, it's true! In Oregon there is a state statute that allows 16 and 17 year old unemancipated minors to enter into a legally binding contract for a dwelling unit and utilities. Parental permission is not necessary, but parents can be cosigners. The young and upcoming adult still needs to qualify like anyone else, but credit may be a challenge; thus a cosigner may be necessary.

And, if a teenager is pregnant or has a child in their custody, they may be YOUNGER than 16 and still enter into a legally binding contract.

This is new to me but no to Oregon; it's been the law since 1993!

Renter's Insurance

2010-11-20T22:16:00.000-08:00

Twice this past week I received calls from people who had a fire in their rental, neither w/renter's insurance. Both were looking for assistance in filing claims for their personal property. The first person had little to no hope of getting anything for their property. The fire was accidental w/no landlord caused or ignored issues. The second person had a bit of hope as the fireplace insert "may" have been installed improperly. Still, I as I have learned from other peoples misfortune of experiencing loss from fires, it will be an uphill battle.

Bottom line is, "Buy renter's insurance." It is relatively inexpensive, $8-$15 per month, but may prove invaluable should you experience a loss. How much would it take to replace your clothes? And besides fire, renter's insurance covers other things such as damage done to your rental by friends or guests (think cigarette burns on the countertop, broken windows, etc).

Times are tough, and I'm not a big fan of spending money on insurance (rather spend money on chocolate or wine), but sometimes, it's the thing to do.

Discrimination: What Century Is This and Where Do I Live?

2010-10-26T21:12:00.000-07:00

OK, those of you reading this who know me know that I'm pretty mild-mannered, easy to get along with, and am not riled easily. However, today, at the end of my work day, I became rather upset . . . perturbed . . .riled . . . PISSED OFF!! (sorry 'bout that.)

My last call of the day was from a woman w/kids looking to move from her current rental to another one in Corvallis (current one being sold). Over the weekend she called on six properties for rent. One went well, except they didn't take pets (she has a cat). Two were subtle about why they didn't want to rent to her. The other three were not subtle at all: Sorry, I don't rent to people with kids. Keep in mind that these were landladies making this comment. My caller knew this was discriminatory, but wondered if this something common for Corvallis. Four years ago she did not encounter such behavior.

Common, I hope NOT! Does it occur? Apparently more frequently than I would hope. It is the 21st Century, people. I had hoped more people had joined this century, but apparently a few were left behind. It is ILLEGAL to deny housing for rent, lease, or sale, to someone with kids, with the sole reason being that you have kids. It is federal law, state law, and Corvallis law. Hello!

I hope to be following up w/the caller to identify at least a few of the owners of these properties. She did not want cause trouble for them, but as we spoke she began rethinking her feelings about identifying the landlords in question.

Stay tuned. If learn more, so will you, eventually.

Weatherization for Renters, er, Rentals

2010-10-24T18:51:00.000-07:00

It has not seemed fair to me that there are so many weatherization programs for homeowners, but none for renters . . or so I thought.

In Corvallis, somewhere around 54% of the population are renters. I expect this number to be higher when the 2010 US Census comes out. Still, it's a significant number.

I learned last week that renters can call Community Services Consortium (CSC), 541-752-1010, and see if they qualify to have a few simple weatherization upgrades done to the property they occupy. Don't expect new windows; think weatherstripping, caulking, maybe even duct sealing. Every little bit helps to keep you warmer, with fewer drafts, and perhaps a lower heating bill. Give 'em a call!

And now for a musical interlude (to the Beetles tune, Blackbird) . . . Bed bugs crawling through my bed at night, take a bite and say goodbye . . .

The Consequences of a Zero Vacancy Rate

2010-10-17T20:59:00.000-07:00

Well I though a zero vacancy rate just meant you couldn't find a place to live in Corvallis. Funny, it also means you can't move, either, if you want to move from a crappy situation to a wonderful situation - think roommates that won't shut up, or think target practice in your apartment is cool . . . with a gun.

Or maybe you move to Albany, in and of itself not a bad thing, until you discover that a fair number of landlords there are still charging fees that are no longer allowed in Oregon. Or maybe you have more dogs than you're allowed in Albany (you can apply for a permit to have more, if you want to try).

What if your landlord raises the rent, and you can't afford it? Where will you move to? Salem? KVAL interviewed an OSU Pharmacy student earlier this week who noted two of his fellow first year Pharm. buds were commuting from . . Woodburn!

It also means that the Benton County Drug Court can't find more homes to rent for its rehab program. You may not see a problem with that, but I'd rather have people in treatment under close supervision as opposed to wandering the streets of Corvallis or other nearby towns.

What if the house you're renting is closed down because it has been deemed dangerous to occupy? Where do you go? If sold and the buyer wants to live there? Away you go!

And I'll bet, come next Spring, people will be holding on to the housing they've got, crappy or not. Food for thought.

Hey, Ed Ray, how much room in your family room? Room for tents on your property, eh?

24 Hour Notice Part II: When you're selling your property

2010-10-11T18:44:00.000-07:00

An interesting twist to the 24 hour notice occurs when a landlord is selling their property. They can work up an agreement w/their tenants to allow less than 24 hour notice. Oregon Revised Statutes, Section 90 has a section that says that a landlord and tenant can agree, IN WRITING, to allow for less than 24 hours notice to show the property to potential buyers. The agreement specifies what the reduced notice is (2, 4, 13, hours . . . whatever) and what compensation the tenants will receive for their cooperation. Compensation does not necessarily mean money, though it could.

Maybe the agreement is for a deduction from the monthly rent; maybe it is a pizza of the tenant's choice every Friday, delivered, from American Dream! It could be a weekend trip for the tenants allowing the seller to show the property at anytime that weekend, and/or include an open house. It can be pretty much whatever the parties choose (keeping it legal, of course.)

Part of the deal, tenants, is keeping the property clean, picked up and ready to show. Not doing dishes except for the usual once a week for the duration comes to mind (yeah, I mean you, Johnny boy!)

24 Hour Notice: Didn't I talk about this before?

2010-10-03T21:38:00.000-07:00

Sorry for the delay in writing: life!

Lately I've recently been asked several times if a landlord has to give 24 hour notice to a tenant prior to coming into or onto the property. In a word, YES . . . mostly.

Twenty-four notice does not have to be in writing; it can be "actual notice." This means it can be writing and mailed or posted, or by phone, or phone message. E-mail may be OK, too, but Oregon Revised Statutes don't address e-mail, or texting for that matter. Does your rental agreement say either is acceptable? Then you may be OK.

A landlord must give a tenant at least 24 hours notice when they intend to come onto the property. There are exceptions! If there is an emergency (think water running out the front door - hey, it happens) the landlord can enter and address the situation. They must leave a note w/i 24 hours that they entered the property. Too, a landlord can set up a time in advance for yard work so that they won't need to bother you every time the grass needs trimming.

Also, a landlord does not have to give a tenant 24 hours notice if the tenant requested repairs and the landlord responded w/i seven days (Landlords: you can only come during "normal" hours. Probably not before 8 a.m. or after 6 p.m.)

Unknown to most landlords or tenants, is that a tenant can refuse entry even with a proper 24 hour notice, but only with a good reason. Still, if the tenant says no, it's no. A landlord would have to go to court and get an order in order to enter the property. Of course, costs to do so could probably be passed on to the tenant if the landlord received the order.

As always, communication and cooperation solves most problems. Keep that in mind.

UPDATE: Corvallis' rental vacancy rate is essentially ZERO. Studios, and one and two bedroom units are virtually impossible to come by. Larger units can be found but are expensive. Good luck if you're looking. Tell everyone you know what you need!

Low Vacancy Rate, Increasing Rent in Corvallis

2010-09-06T20:42:00.000-07:00

Back in my days at OSU, one year I waited too long before looking for a place to rent. I stayed at a friend's place for two weeks into the term before I could find a place . . . and I had to lie to get it (sure, we've been friends for two years, Ms. Landlady of current renter.)

It's like that again in Corvallis. I had been predicting a vacancy rate of 1/2 of 1 percent for Corvallis due to OSU increasing student enrollment, and a lack of new construction in Corvallis. Friday's calculations showed a lower percentage rate than the 1/2 of one percent.

Keep in mind that a balanced rental market has a vacancy rate of five percent. There are places for people to move from and to rather easily. Now, you may want to move, but can't find anything that works for you (btw, there were few units available under $1,000 per month!)

So what's a person to do? Ask landlords if they have a waiting list. Ask how often they think you should check w/them on availability. Tell everyone you know that you are looking for a place to live - not desperate, but looking. Pray - seriously - to whom-ever, what-ever, which-ever deity works for you. You're going to need to some help from someone (or whatever).

Unbelievable Week

2010-08-29T21:28:00.000-07:00

Hi All,

This week I am not posting anything new. I'm still recovering from this past week at work. So many things that were UNBELIEVABLE, and not in a good way. Inconceivable!

Applicant's Demeanor

2010-08-22T20:37:00.000-07:00

Recently, a property manager reminded me of his staff's watching an applicant's demeanor when applying for a place to rent. If a relationship starts off bad, why continue?

Remember: "de meaner" you are, the less likely you will find a place to rent!

Deposit to Execute a rental agreement

2010-08-14T19:01:00.000-07:00

Something that has come up twice in the past weeks is a landlord's deposit to execute a rental agreement. Under ORS90.297, a landlord can require a deposit to execute a rental agreement AFTER approving the prospective tenant's application. If the tenant changes their mind and decides not to sign (execute)a rental agreement, the landlord may keep the deposit. If the tenant signs a rental agreement, the deposit is then applied to their security deposit.

In the first case, a tenant filled out the application, and swore what they wrote down was true. Landlord approved the application. Then the landlord went through the "verification process" - verifying the information on the "approved" application. The landlord was told by the tenant's current landlord that the tenant was in the process of being evicted. According to the tenant, he had received no such notice; classic he said - she said. The "new" landlord then told the tenant he failed the verification process, and kept the $400 deposit to execute.

Seems to me, the non-lawyer, that an application is not approved until the verification process has been completed. otherwise, what are you approving? I'll be asking a group of landlord/tenant experts, which includes lawyers who represent landlords and tenants, what their thought is about such a "process."

The second case was clearly the landlord's not knowing the law. He took a check, and cashed it, for a deposit to execute, before he even received the application! He has told the tenant, tough, it is nonrefundable. The ORS says not only does the tenant get back the deposit, but also $100.

I'll report back later in the week on what the "experts" say on case one. In any case, be careful and informed of your rights and responsibilities, be you tenant or landlord!

Frustrations, foreclosues, and other "stuff!"

2010-08-09T20:21:00.000-07:00

In the past week I've had a person call who was not told that her unit was in foreclosure before she signed the agreement, and when she spoke up, the owner wanted the property manager to give her 30 days notice. Mighty nice of her. The good news/ The property manger gave the owner 30 days notice to terminate their agreement. Kudos,and huzzah!

Another tenant called to tell me his tale of woe that put him out $400 . . . and he never even lived at the place. In my opinion, he was never even approved to rent there. But the landlord feels they followed the law. The letter? Maybe. The intent or spirit? Not even close. Karma, baby; look out!

And then there are those to continue to charge fees that are no longer allowed in Oregon. But hey, I want/need a place to live, so I'll pay.

How can landlords get away with such things? Because a tenant has to go to court to get justice. And there is nothing to prevent the landlord to being unlawful again, unless another tenant follows through. Word is tenants have other things to do rather than spend time in court.

OK, I'm done moaning and groaning tonight. Have a good one.

Consulting with a Priest

2010-07-29T22:13:00.000-07:00

Yes, that's right. I consulted with a priest yesterday regarding a landlord/tenant issue. Well, sort of a landlord/tenant issue as it involves both a landlord and future tenants.

I received a tip about a unit that had been treated inappropriately for bedbugs. The landlord likely doesn't even know. In researching the tip, I learned that one of the products used is particularly hazardous to humans as applied.

Now you're probably thinking why don't I just talk with the landlord. Actually, after speaking w/the priest, I will. Why talk to a priest? Because I don't trust the landlord to take action to correct the situation (and no, it's not who you're thinking :)) For me, it was, in part, a moral issue. The City of Corvallis has no enforcement power on this issue; neither does the county. The state could, but since there has been no report of actual human contact, they seem reluctant to get involved.

So I'll talk with the landlord to cover myself and the city. Hopefully, the landlord will understand that I know and should someone become ill or worse, I won't be silent.

Smoking or Not, or . . .

2010-07-20T21:14:00.000-07:00

One of the changes to Oregon Landlord & Tenant Law this year was related to smoking. Landlords must now disclose the smoking rules for the property prior to the signing of a rental agreement. Mostly what I have heard is that landlords allow smoking outside the house/apartment, but not inside, and usually not in common areas of apartments.

For those landlords who haven't decided to go smoke free yet, or are unsure how to do so, Benton County has a Tobacco Prevention Specialist who can help. Her name is Sara Hartstein. She can be reached at 541-766-6250, or sara.hartstein@co.corvallis.or.us. She is full of knowledge and understanding.

Converting to a smoke-free environment can be difficult for both landlords and tenants who smoke. Contact Sara to see how she can help you in your particular situation.

No Working Smoke Detectors . . . AGAIN!

2010-07-03T12:18:00.000-07:00

It seems that more and more frequently this is a phrase I read following a fire in Corvallis. Once again, no one was hurt. Luckily. Good that someone walking by took the time to act. Luckily.

I don't care to blame anyone in particular, neither the tenant nor landlord. I don't know if the smoke detector was operating properly when the tenancy began, or if the tenant disabled the detector or failed to replace the battery when needed.

If a serious injury occurs or a life is lost from lack of a working smoke detector, who cares where the blame rests; it would still be a tragedy.

Please check your smoke detector today, and ask a friend to do the same. It takes a few seconds to be safe; ignorance to be sorry.

Bless Me Readers, For I Have Sinned

2010-06-14T20:40:00.000-07:00

It has been two weeks since my last post. During that time I have sliced, mowed, hacked, and threatened to burn my swamp, er lawn. My bad.

So, what to do if you are getting ready to move out and want o receive at least some, if not all of, your deposit back from the landlord (in 31 days, of course).

Clean like a whole division of The Maids have invaded your mess. Everything, not just the obvious stuff. Clean BEHIND the refrigerator, in the oven, inside the burners on the stove (yes inside those formerly chromed little disks and underneath them - maybe even replace them!?)

Yard work? Was I supposed to pull weeds, mow grass, sweep the deck? Ya gotta be kiddin' me!

There's more . . lot's more. But you already know that. If you have a good landlord and you do what you are supposed to do, chances are you'll get most of your deposit back. But what if your landlord is one of those so-and-so's you read about online, in the newspaper, or in the comics?

No matter which landlord type of you've got, take precautions; better yet, take photos! Every surface, every wall, every appliance, every window track and window: EVERYTHING. First photo should have you or someone else holding up that day's newspaper - same to ya! Go BUY one! Then take your photos. Remember you are doing this after you clean and have all of your "stuff" out.

Approximately 31 days after you move out you'll be hearing from your landlord (if you provided them with a forwarding address!)

Don't like what you read? Got photos? Then write back with a copy of your photo to show the landlord their error. No need to be snide, just polite.

All for now. I'll be away from this blog for a couple of weeks (as if you'd notice). Stay safe, and GET IT IN WRITING!!

Deposits: After You've Moved Out

2010-05-31T14:08:00.000-07:00

In Oregon, a landlord has 31 days to return your deposit, provide an accounting of why you did not receive your deposit, or both when you get a partial return of your deposit. Allow three days for mailing.

If you haven't received written notice from your landlord, wait till it's been seven days since you should have received something from your landlord, then WRITE your landlord, noting that has been over 31 days since you moved out, and that you are looking for your deposit. Be polite: it will make your life easier if you are involved in a dispute.

Send the letter regular first class mail, NOT certified/registered! Why? Because it's that's what the regulations say to do. A landlord can refuse certified/registered mail so you may have proof or refusal, but not proof of delivery! You can get a receipt of mailing from the Post Office for a small fee. Keep a copy of the letter for your records. Make sure to date your letter, include the address of your rental property and your new address (or at least an address that the landlord can reply to you). I have found it helps to give the landlord a time frame in which to respond, say 10-14 days. The law doesn't provide guidance, but it does seem to help.

If time passes and you still haven't heard from your landlord, it's time for letter number two. This time, politely ask for your deposit to be returned IN FULL; after all, it's what the law provides for if a landlord does not return the deposit or provide an accounting. Actually, ORS 90 states that a landlord shall be responsible for returning to the tenant TWICE the amount wrongfully withheld. Depending on how you feel, you might consider letting the landlord know about this, but that you'd rather just get your full deposit returned to you.

However, if the second letter doesn't elicit a response and you find yourself filing in small claims court for the return of your deposit, it's probably not a bad idea to ask for twice the amount wrongfully withheld. You (and your landlord) have one year to file in small claims court.

More to come: What to do BEFORE you move out to help w/the return of your deposit.

*Note: I am not an attorney and do not provide legal advice. It is a good idea to consult with an attorney to assist you with legal issues.

Newer Craigslist Scam

2010-05-21T20:23:00.000-07:00

The latest scam I've seen the past few days on Craigslist is the posting of ads that end with (Corvallis/albany), but have nothing to do with Corvallis or Albany. Some of the ads have photos w/the name of a property management company that does not have properties located here. I tracked down one to the Portland area. There is of course no phone number to call; thus you must email the "company," that will respond something like, "We need some information about you before we proceed." Right. As to say, "Proceed to screw you over for as much as we can for as long as we can!"

What to do? If you see a scam ad, an ad that has stolen your property (Realtors know what I mean), mark the ad as spam, or prohibited. It's the quickest, best way to fight back.

Occupancy Standards

2010-05-15T11:18:00.000-07:00

Nationwide, there is an occupancy standard guideline set by HUD: no less than two people per bedroom. So a four bedroom house could have up to eight occupants. This is primarily to reduce (hopefully) discrimination based on familial status. So far, so good.

The "safe" standard lately is no less than two people per bedroom + one. This is usually applied when there is an infant/toddler.

Then there are local standards (sometimes). In Corvallis, you may have up to five UNRELATED adults in one dwelling unit. This is usually applied to limit the number of college students in a dwelling unit. Even if the house has six bedrooms, the limit on UNRELATED adults is still five. There are two main reasons for this limit: parking and noise. Even if the occupants are not college students, typically each adult has a car, and often there is limited off-street parking, so the neighbors complain when there is no room for them or their visitors to park.

Noise is a secondary concern (though in some neighborhoods it is the primary one). Too many adults can (not necessarily will) lead to more noise. (Yes, I agree with those of you thinking that large families can produce a fair amount of noise.)

Got questions? Just ask.

Fees, Once Again

2010-05-10T21:19:00.000-07:00

Dear landlords,

Effective January 1, 2010, you may no longer charge one-time fees other than an application fee. This means you can no longer charge a cleaning fee, pet fee, re-keying fee, lock change fee, carpet cleaning fee (sort of still can, but some rules apply), move in fee, admin fee . . . NO FEES! I still see people advertising cleaning fees up to $350!

Landlords, you may still charge DEPOSITS! But they must be potentially refundable. No nonrefundable deposits!

I'm sure I'll write about fees at least one more time . . . at least.

Thanks for reading. Feel free to recommend topics.

Near the End of Your Lease? or Just Your Rope?

2010-05-10T21:12:00.000-07:00

For those of you near the end of your lease (yes, you, college students), it's time to find that piece of paper (or stack, depending on your landlord( and see if you are supposed to give a 30 day notice PRIOR to the end of your lease. Now I know it seems weird, and I seriously doubt it is legal, but some fixed-term rental agreements require you to give a 30 day notice. If the agreement says it is good until June 15, why do you need to give notice? Good question; bad answer. I don't think you do. However, why not do so so your landlord doesn't try to charge you for an additional months rent?

Besides the notice issue, it's probably a good idea to see what else you agreed to do before you move out! Too, check to see if you have already paid your last month's rent. If you did, don't go and pay it again - happens all the time.

Housing Discrimination: National Origin

2010-05-01T18:48:00.001-07:00

April was Fair Housing month nation wide. People think discrimination doesn't happen in Corvallis, but that is not the reality.

Treating someone differently because they are, or are perceived to be, from a different country is illegal . . . and foolish. I have now had reports from three people in the last five months about being told one rental rate online, and then given a higher rate when they showed up to rent. Two are indeed from outside the country (China and Taiwan). The third is a US citizen, but is perceived to be from somewhere south of the US. In each case, the rent is higher, as is the utility charge that is added to the rent. Two tenants and one host family reported the information, but the young men do not wish to face retaliation from the landlord or owner (yes, the owner is aware of this situation) and say nothing or want nothing said. One expressed fear of being deported for complaining, so he has remained silent. I don't blame him - he's scared, and scarred. What do you think he has to say about Corvallis and the US when he returns home?

I wonder how this affects OSU's ability to recruit international students to come to Corvallis to study and/or learn English. And where else is this happening?

Later, I'll relate other information about discrimination that occurs in Corvallis. We like to think we're different, maybe even better. But in at least one way, we have a ways to go, and grow.

Assistance, Companion, Therapy Animals . . . Whatever Name

2010-04-24T15:55:00.000-07:00

Education is an ongoing life skill. Like the seasons, laws change, and it's important to keep with changes if your job/career depends on knowing the law.

I frequently receive calls from tenants who have a service animal of some sort, whether it be called an/a assistance, therapy, companion animal or whatever. If a qualified person has written a letter on behalf of their client that they need to have an animal in order to better function in life, then they can have the animal wherever they live - no ifs, ands, or buts about it.

A landlord has a right to have a copy of the letter, but that's it; no talking with the qualified person, no right to ask for any medical records, and absolutely no right to say, "Sorry, we don't allow pets here, no exceptions." YOUR ANIMAL IS AN ASSISTANCE ANIMAL, NOT A PET. There is a difference, legally!

This is basic fair housing law, and has been for sometime. Don't think of the animal as an animal, but as an assistive device, like a wheelchair.

I'm ranting on this topic today because I learned of a friend who has such an animal and has been asked to remove it, or, at the very least, pay a pet fee. A landlord can't charge a pet fee (or a deposit) for such an animal, and under recently revised Oregon statutes, can't change ANYONE a pet fee (but can charge a deposit for pet.)

If someone you know is having a landlord tenant issue in Oregon, send them my way here, and I'll help them as best as I can.

Enjoy the sun!

60 Day No Cause Notice: Exception

2010-04-17T15:48:00.000-07:00

So what if you've been living in your rental for more than one year and your landlord/owner places the property on the market. Doesn't the landlord/owner still have to give you a 60 day notice to vacate? Not necessarily.

If an offer is accepted by the owner and the NEW owner intends to occupy the property as their home, then a 30 day notice still works. The landlord/owner needs to provide proof to their tenant of an accepted offer to sell, and a statement of some sort that says the new owner will be living in the property. This only works when your space is destined to become owner-occupied.

Scared or Screwed?

2010-04-12T21:06:00.000-07:00

That's how my daughter put it when I asked her how to respond to someone's request for information about a potential landlord "Be honest; is it better to be scared or screwed?" Good point, oh wise 19 year old.

The landlord in question was one I had dealt with, and it didn't go as well as it should have gone. Truth is, had they done their job, I wouldn't have had to do mine, which is a goal of mine - yeah, work as little as possible!

People call me when they have a problem, rarely when things are great. My goal is to never have to leave my office in order to have an issue resolved. If I do venture out, it is because a problem has gone too far.

Sometimes I receive a thank you, but much more often than not it is a call for help. Landlords call too, looking for help with a troubling tenant. The worst tenant can top the worst landlord, I have learned. At least that's my story so far.

Head in the Sand: The Cost of Ignorance

2010-04-04T20:28:00.000-07:00

Tonight's blog is more rant than informational. This week, I took a call from someone who was having several problems w/their landlord (there are two renters in this story). They then apologized for renting from the landlord, a person who they have since learned has a certain reputation. I was perplexed as to why they had done such a thing, being that the renters had lived in the area for more than 20 years. Simply said, they don't read the local newspaper.

Now, this bothers me on two levels, at least. First, reading the paper would have saved them money and grief. Secondly, as they are small business owners, I expected them to want to know what is going on around them, how they and their customers are affected by what is happening in their community. Apparently not.

How much business has their ignorance cost them over 20+ years? How much would it have cost to pay for a subscription each year? How much will this "rental" lesson alone cost them? Seven to eight years worth of newspapers? Heck, they could have read the newspaper online for the past few years!

All I'm really saying here is PAY ATTENTION!!

Bedbugs Part II

2010-03-28T21:37:00.000-07:00

So why should you care about bedbugs? Because they are blood suckers! Though small, they can suck up to 3 times their weight in blood. Get too many of them, and they suck a lot of blood. Extreme cases can put you in the hospital.

Why you? Why not! The little buggers don't care if you're clean or neat, rich or poor, skinny or fat. If you have blood, they want you!

How to get rid or them? Well, call your landlord first! There are a variety of ways, but so far from what I have read, heat, above 115 degrees, does the trick. Other methods are pesticides (got any left over DDT?), freezing w/dry ice, and diatomaceous earth is another product I read about, though it is a bit messy (yes, same stuff you would use in a garden to get rid of pests.

Best thing for you to do to prevent having bedbugs? Be careful and watchful when you travel. Don't unpack and put your clothes in the hotel dresser. Want to be extreme? Keep everything in your luggage and put your luggage in the bathtub - they can't navigate slick surfaces.

Take care

Bedbugs Are Back In Town

2010-03-23T21:44:00.000-07:00

I recently received a call form a tenant who is moving out of his apartment due to an infestation of bedbugs. But the real reason he is moving is that the landlord doesn't believe that bedbugs exist and therefore, will do nothing about it. Cost the tenant a $500 lease cancellation fee!

The landlord should visit www.epa.gov and go to the pest page. Better yet, visit http://bedbugregistry.com/ and see where people have reporting having them in their rentals. I found a listed property from Corvallis, reported almost two years ago. Heck I hadn't received my first call until 4-5 months ago, and am now up to three calls on three different properties! Two properties are w/i a 1/2 block of each other.

What do you do about bedbugs? Kill'em, of course! How? That will be the next post here, along w/more lovely details on the life of bedbugs.

Sleep well.

72 Hour Notices Can Be Trickly

2010-03-21T18:57:00.000-07:00

Now I know you're thinking, "What's so tricky about giving a tenant a 72 hour notice to vacate for failure to pay rent?" It's tricky because you probably think 72 hours means 72 hours. . . and you'd be wrong. Surprised? Hey, this is law written by human beings (not just lawyers :))

In order to properly give a 72 hour notice, which may only be given by a landlord to a tenant for failure to pay the rent - in full - on time, the day the notice is given IS NOT part of the 72 hours. Let's say a notice is given on the 8th day of the month (the earliest possible day a 72 hour notice may be given). The 72 hours covers the 9th, 10th, and 11th. If the tenant offers the rent in full to the landlord before 11:59:59 p.m. of the 11th, they have complied with the notice to pay w/i 72 hours. A landlord may say I'm not accepting the rent, but that doesn't matter. If paid in full, in a timely manner, in proper funds (as directed by your rental agreement, typically cash, money order, bank check), then you're good to go. If the landlord takes you to court after refusing to take your money, your defense will likely be that you offered the money as directed. (Since I'm not an attorney, I can't, and refuse to, give legal advice; thus I do not say what you will do.)

Bottom line? Pay your rent on time!

Renters: Protect Yourself

2010-03-14T21:04:00.000-07:00

Think you found a place? Ready to sign on the line(s)? Write that check or hand-over (gulp) cash? Hold on, partner! Have you:

Googled your prospective landlord? Property Management company? The address (sometimes useful). If in Corvallis, OR., gone to www.corvallispermits.com, clicked on "check case status, and put in the address? Can find out about violations, permits etc., that may help you now.

Have you hung out in the neighborhood to see if it's your kind of vibe? Day, night, weekend?

Asked your friends for the reputation of the landlord? Does it feel right?! If it doesn't feel right, and it has seemed strange from the beginning, TRUST YOUR GUT!! It usually doesn't get better later.

If looking at an apartment, check out www.apartmentratings.com. Works throughout the US.

Good luck!

Mold in Rentals

2010-03-06T19:24:00.000-08:00

Mold. It grows wherever it wants, wherever it can. And never where you want it. What to do?

The simple version is get rid of it. Mold needs moisture. No moisture, no mold. If only it was that easy.

I'm assuming you've got a mold problem, and your landlord doesn't want to deal with it. I understand that and so should you. You really don't want to deal it with it either, but you don't want to live with it, too. So here's the first step.

I'm assuming there is no obvious leak from the roof or elsewhere. If that's not the case, the leak needs to be fixed first; that is the landlord's responsibility. Otherwise, scrub the mold away using detergent (soap), NOT BLEACH!! Scrub, because mold is a plant and has something similar to roots (hyphae). If you don't scrub, you'll just break the hyphae allowing the mold to have a head start in reproducing. DO NOT USE BLEACH as it causes discomfort for many, because the EPA says not to when cleaning mold, and for some molds (allegedly) it can make the problem worse (perhaps toxic).

After you scrub, let the area dry. Then treat the area with white vinegar. The pH of the vinegar makes it difficult for the mold to return soon, IF the problem is a surface issue. If the mold grows back w/i 2-3 weeks, the mold may be growing through the wall (or whatever member the mold upon which it is located).

Do I guarantee this will resolve your mold issue? No way. I've learned how to deal with mold by attending several conferences about mold, and so far this approach has yielded the best results in dealing with mold . . . so far.

Have fun

60 Day No Cause Notice vs. 30 Day No Cause

2010-03-04T22:07:00.000-08:00

"Yes, it's true."

That was my comment to a landlord today who was unaware of a new law in Oregon regarding giving a tenant a 60 day no cause notice. When does a 60 day come into play as opposed to a 30 day?

In the past, a landlord could give a tenant on a month-to-month rental agreement a 30 day no cause notice to vacate at any time, as could the tenant give the same notice to a landlord. Now, if a tenant, meaning the same tenant or group of tenants have occupied a dwelling unit for more than one year, the landlord must give them a 60 day notice to vacate. If three tenants live together, and one moves out in three months,and another tenant moves in, the year begins with the arrival of the newest tenant.

Why the change? Retaliation. If a landlord didn't want you around any more, maybe you complained too much or wanted repairs done, they gave you a 30 day notice. But let's face it, a 30 day no cause notice is really a 30 day I-don't-want-to-tell-why notice. After all, if you're paying your rent on time, why would a landlord want you gone? They'll have turn over costs, such as lost rent, cleaning, advertising (OK , Craigslist is free), and time they have to spend rerenting the unit when they could be at the beach, or surfing the Web.

One last thing: tenants can still give a 30 day notice at any time, if they have a month-to-month rental agreement. Fixed term leases can be broken (sort of), but there will be costs.

24 Hour Notice by a Landlord

2010-03-01T21:31:00.000-08:00

A landlord must give a tenant 24 hour notice prior to coming onto the property, UNLESS there is an emergency, OR if a tenant asked for a repair (landlord can then enter the property during the next seven (7) days during "reasonable times," say 8 a.m. to 6 p.m. +/-. A landlord could also have a set schedule, say for lawn mowing, in which they would not need to give 24 hour notice. Otherwise, 24 hours notice is a must.

Can a tenant deny entry, even with a 24 hour notice by the landlord? Yes, actually, they can. A landlord must go to court to seek permission for entry if the tenant refuses to cooperate. A tenant would have to have an excellent reason to deny entry for a judge to rule in their favor. What constitutes an excellent reason? To quote a wise woman, "Beats the hell out of me."

Carpet Cleaning Deposit? Really a Deposit, or . . .?

2010-03-01T21:25:00.000-08:00

One of the changes to Oregon Landlord & Tenant Law in 2009 was the carpet cleaning deposit, which acts similar to a fee. If the carpet was cleaned professionally before the new tenant moved in (professionally meaning with a carpet cleaning machine - not just a vacuum), the landlord can use the "deposit" to have the carpet cleaned when said tenant moves out. Of course, if the carpet really needs to be cleaned due to excess wear and tear (think red wine stains, for example), then the landlord can use the deposit to clean the carpet even if not "professionally" cleaned prior to the new tenant moving in.

Commitment Issue

2010-02-21T21:57:00.000-08:00

Hi Bob,
So right now there is this big push by the major apartment complexes to
reserve, well actually in the next two weeks. However the smaller places we
have contacted are telling us that they will not know availabilities until
early April. This may seem like an obvious question, but my head is about
to explode with a mix of school and future planning. So, in your opinion,
what would be better reserve with a corporate company (who's only goal is
to screw over college students) at a lower rate now or hope that the nicer,
cheaper places have vacancies in April?

Dear future renter:

Looking at some of the rental company websites in Eugene, lower isn't much lower - save $5-$10 a month. They do want you to commit now and give them money to hold onto. They get some interest, and hope that some will drop out and lose their deposit to the company. They know they will be able to re-rent the space.

Patience will pay off. Money is important, but so is happiness and peace of mind.

BL

University of Oregon Off-campus Housing Event!

2010-02-19T20:24:00.000-08:00

Sponsored by the Office of Student Life
Wednesday, March 31 from
4:00 to 7:00pm
Erb Memorial Union (EMU) Ballroom
University of Oregon
This exciting, one-day event is anticipated to attract hundreds of students planning to move into off-campus housing
for the 2010-11 academic school year, along with students currently living off campus seeking new rental properties
or resources for off-campus living.
The Off-Campus Housing Fair will be a venue for students to become acquainted with prospective landlords,
neighborhood groups, roommates, and other resources in the community.
Students can attend workshops to become educated about responsibilities and obligations
as a tenant, neighbor, and community member.
This is a great opportunity for students to connect with organizations and neighborhood resources that can
result in them becoming more knowledgeable about resources and become great tenants.

Rental Search: Parking

2010-02-18T20:51:00.000-08:00

OK, besides the obvious bedrooms and such, what else should you think about? Parking for one, either car, bike, or both. First off, do you need to park a car? If so, off-street parking is best. How many spaces come w/the rental. Often, I hear about two bedroom apartments w/one parking space, and NO places for visitor's cars.

If you have to park your car on the street, do you need a permit? More frequently, cities are creating residential parking zones in which only residents can park on the street for more than two hours at a time. Even then, there is usually a limit to the number of parking permits granted per address. So a four bedroom house may only get two or three parking permits. If you have some off-street parking, not a problem for you.

Have a bike? Is there a secure, dry place for you to lock up your bike outside, or will you need to bring it inside your home. And how many stairs are there to the front door, are you strong enough to carry your bike up the stairs, and what happens if you have an injury that makes it difficult to carry your bike? Yeah, I know, you never get hurt; must be a Twenty-something, eh?

If you can get by w/o a car or a bike, hooray for you. Maybe there is a bus that runs close by. Maybe your employer or school pays for you to ride the bus (Oregon State and University Oregon students ride buses for free, as to City of Corvallis and Benton County employees).

Rental Search: Amenities

2010-02-15T17:20:00.000-08:00

Hey tenants-in-waiting,

So it's time to begin your search for the "perfect" rental? Good luck! It's not that you won't find a place to meet your needs, it's just that perfect doesn't show up, or you and your roommates may have a different definition of perfect (quiet vs. party central).

Step one: What is it that you're looking for?
Do you need two bedrooms, or will one large bedroom work for you?

One bathroom OK? Most rentals only have one, especially older units (some of the really older units may have had none - as in an outhouse! Have seen a couple in Corvallis).

Can you handle stairs, or do you need to have a one story place?

Does size matter? Anything is better than a dorm, eh?!

Extras: Do you need a washer/dryer hook-up, or at least on-site wash/dryer? Fitness room? Pool? Sauna, Hot tub, Wireless Internet (probably not an extra any more). Do you have a pet, and are they allowed and at what additional cost?

Think about these things and talk about them with your future roomies, if you know who they are.

Next time: Location, location, location - what that means.

No fees, please

2010-01-10T13:03:00.000-08:00

One would hope that landlords would pay attention when new laws are passed! This includes some property managers out there! Yes, you can charge an application fee. NO No No - you may no longer charge fees or non refundable deposits!!! Figure it out!

Moving in and Doing It Right

2009-09-13T21:03:00.000-07:00

It's that time of year when college students flock to cities like Corvallis, Eugene, and Ashland. Moving into their apartment or house (dorm, if they must)they plop down their stuff, play, study, clean (OK that's much later - if ever), and do what college kids do these days.

But what should they have done before they moved one item into their place? Besides filling out the check-in form from their landlord, if even offered? Take a video or a few digital pics as a record of the place. Why? Who do you think is going to charge you for every little hole in the door, scrape on the wall, and for cleaning the pile of dirt from under the fridge? YOU, Bozo, YOU!

Cover your buns and funds and take some time to do a bit of prep work. More later on this topic, but later for now.

24 hours! Hello!

2009-09-11T21:17:00.000-07:00

OK, so you're landlord wants to come over and visit the property. Fine, They have the right to do it so long as they don't do so frequently enough to be a pain in the butt. But 24 hours is 24 hours! Not, "Be there in a few minutes," or, "sorry, I should've knocked first." And it includes coming on to the property, not just inside.

Now, if you've requested repairs to be done, the landlord can come over w/o notice if they come w/i seven days AND at reasonable times.

If they don't give you proper notice? In Oregon, you can take 'em to court for a month's rent. But really, you just want to be left alone, right?

Renting and dating: Is there a difference?

2008-11-29T19:01:00.000-08:00

Some differences, but similarities, too. Both are frequently short term, start well, and end up well or not. Both cost money, and sometimes someone gets screwed.

You check each other out and decide whether or not to have a relationship. You don't necessarily like the all of the other's habits, but you tolerate them . . . for a while.

Some times it's the landlord

2008-10-30T23:02:00.000-07:00

Craigslist had a posting yesterday about a landlord, Keys Rentals, based in Portland, with a $200 late fee. Totally out-of-line with late fees in Corvallis; thus not likely legal.

I often say "not likely legal" because until you get to court, who knows for sure what is legal and what is not. Not cool, but true.

gp

Some times it's the tenant

2008-10-27T21:42:00.000-07:00

I heard about a landlord visiting his property to do some repairs. Next door were two guys, drunk, with a pile of empties strewn about the yard. It was 10 a.m. Next thing you know one was either peeking into the neighbors bathroom window, or urinatin' in the bushes. Their moms must be proud.

gp

At All Times, not just whenever . . . In Oregon

2008-10-22T19:55:00.000-07:00

ORS90.320 A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

(a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

(b) Plumbing facilities which conform to applicable law in effect at the time of installation, and maintained in good working order;

(c) A water supply approved under applicable law, which is:

(A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

(B) Furnished to appropriate fixtures;

(C) Connected to a sewage disposal system approved under applicable law; and

(D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

(d) Adequate heating facilities which conform to applicable law at the time of installation and maintained in good working order;

(e) Electrical lighting with wiring and electrical equipment which conform to applicable law at the time of installation and maintained in good working order;

(f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

(h) Floors, walls, ceilings, stairways and railings maintained in good repair;

(i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

(j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (6); or

(k) Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises which the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for such locks which require keys.

(2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

(3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place shall not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility shall be governed by ORS 90.730, not by this section.

Foreclosures and Tenants

2008-10-21T21:17:00.000-07:00

A story you're likely going to be reading more about is tenants who had no idea the house they were renting was in foreclosure. They receive a Notice to Vacate from the lender that now owns the property. Gone is the tenant's home, deposits, fees, references and more. What to do?

Talk to the lender. Tell them you are willing to move out sooner, but that money is an issue for you. Unprepared, you do not have the money for first/last/deposits, otherwise you'd be gone quickly. If that doesn't get a response of "I can offer you $$'s to move," ask the lender for assistance, pointing out that they will have quicker access to the property so that they can begin marketing it sooner, and thus recover their money more efficiently. After all, if you don't vacate, they will have to take you to court. And in some places in the US, the sheriffs are refusing to evict "innocent tenants."