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My landlord is evicting me. He has put up and notice to be…

My landlord is evicting me...
My landlord is evicting me. He has put up and notice to be out by the 5th of March. I told him I was not leaving on the 5th and not to enter my apartment. He's has now put up a 24 hour notice stating that he intends to enter for inspection, repairs, decorations, alterations, and improvements between the hours of 4:30pm to 8:30pm and if the repairs, decorations, alterations, and improvements take reasonably longer than the four hours stated he will stay longer. Can he do all this legally? And what if I refuse to let him in and/or just change the locks? Can he bring the sheriff to force himself into my apartment. He does NOT have an eviction notice.
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Answered in 2 minutes by:
3/10/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,564
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you tell me what state this is in?

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Is there anything in your lease about access to your dwelling?

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Are you under a fixed term lease or are you month to month?

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thanks

Barrister

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Customer reply replied 4 months ago
I'm in the state of Oregon. I had a lease back in 1983 but at least 10 years ago it went to month to month. My landlord has quoted the 1983 lease agreement when he put up the three day notice to enter. he has now quoted "the rental agreement" when putting up the 24 hour notice (I do not remember signing any rental agreement and when it went month to month it was the father of my landlord now who was the landlord at the time). But again, I have not had a lease for at least ten years (unless it automatically renews itself). I'm sorry for not answering your questions specifically and adding other info.
Customer reply replied 4 months ago
I made a slight mistake on the last answers. It was not a three day notice to enter it was a three day notice of eviction and I was to leave on the 5th of March (I didn't).

Ok, then you are a month to month tenant and if the landlord wanted to terminate your tenancy, he has to start out with a written 60 day notice to vacate. So his current notice is not legally valid.

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But under default OR law, a landlord can access a tenants dwelling as long as they give at least 24 hours advance notice prior to any entry.. See OR Statutes 90.322

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But you have the right to deny entry if it is unreasonable or is being used to harass you.. and can then sue him..

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(f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord’s agent to enter.

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(8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week’s rent in the case of a week-to-week tenancy or one month’s rent in all other cases.

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thanks

Barrister

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Customer reply replied 4 months ago
Thank you every much for the information. I believe he is being unreasonable by simply saying he may stay longer than the four hours needed, which seems to be at an unusual time 4:30 to 8:30 at night??? Anyway, I'm put up the notice of the main entry way right now. One last question, can I change the door lock?
Customer reply replied 4 months ago
I should say "does the law allow me to change the door lock"?

I would tend to agree that staying that late is unreasonable. .so, unless this is an emergency, you can restrict his access to normal business hours M-F 8am to 6pm.

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And no, if you change the lock, that would be a breach of the lease terms as the landlord has to have access to the property in case of an emergency. He could have the locks changed by a locksmith and then hold you liable for the cost if you changed the locks..

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thanks

Barrister

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Customer reply replied 4 months ago
The one thing that bothers me more than anything is, he's saying that "if he needs more time to do repairs, decorations, alterations and improvements" he can stay longer than the four hours he's stating. That to me says he can stay as long as he wants to and I pretty much have to put up with it until he says he's done, even if it's during normal hours. Is the 24 hour notice to enter mean "for inspection" or can he do all those other things like decorations and alterations and improvement???
He can't come in and remodel the place while you're living there or decorate it. He can only make repairs and show it to prospective purchasers or tenant. Anything other than that is an infringement on your rights to sole use and possession of the property during your tenancy and you can simply refuse to allow it
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,564
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you, I'll rate your answers now.
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