Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My daughter rented a room from someone and was require to…

My daughter rented a...

My daughter rented a room from someone and was require to pay first and last month rent on a written agreement of a 6 month rental in Oregon. They agreed to set up a payment arrangment of $75 per month to cover a security deposit of 450.00. She has been there or a month and 3 weeks and o the 5th of March was given a written notice of eviction for non payment of the security payment of $75 that was agreed to the week prior. No written notice to pay was provied, just an eviction notice after the rent was paid on the first of March, stating she needed to be out by the 5th of April no later than the 8th. Does she have to right to expect that last month rent that had already been paid at first plus already paying rent on the first of the second month? Note the $75 still has not been paid. Reason for eviction was failure to pay the security payment and damage from her cat that had an accident in the house that was cleaned and a plant that the cat chewed on and money was provided for the plant.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Oregon

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No issues besided that cat had actually two accidents. Both were addressed and cleaned. Lease agreement was 6 months as a sublease for the one room. She is not on the home lease.

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 28 minutes by:
3/27/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,141
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.

.

Has she paid rent in full for March already?

.

Why hasn't she paid the $75 as agreed towards the deposit?

.

Is there something in the written lease that says it is a violation of the lease if the cat goes inside or damages something?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 30 days ago
Here is my daughters response -Yes I paid rent in full for March already and I did not pay the 75 for February yet because we had talked and agreed that I would pay it the next time I got paid, witch was the day after she gave me the notice. And no, it was not written in the agreement as a violation if the cat went inside. It was cleaned up immediately with no permanent damage.

Ok then if the last months rent was paid, then April has already been paid and she wouldn't owe anything more if the landlord got a judgment against her for eviction..

.

But if she fights it, in court and refuses to vacate, then I don't see the landlord as being able to evict over the cat issue if there was no damage and the plant was paid for. So the only thing that the landlord could potentially call a breach is the $75 payment, and if they amended that agreement, then if she tenders it after her next paycheck, she isn't in violation there either..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 30 days ago
even though she is requesting she be out by April 5, she is either paid up through the end of April or the rent already can be requested to be reimbursed after the $75 is paid?

Correct. That is if she wants to voluntarily move out and not fight them to force them to have to file a formal court eviction action and dispute that there was any actual breach.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 30 days ago
Thank you for the help.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,141
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,141
41,141 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

41,141 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My roommate A is the main tenant. A has signed a lease with
Good Evening,My roommate A is the main tenant. A has signed a lease with the landlord. 2 other tenants and I have signed a sub-lease with A.Here is fine print of the payment section of the sublease:Ea… read more
Attorney 1
Attorney 1
2,621 satisfied customers
I am renting a property in Oklahoma City, OK. Can you
I am renting a property in Oklahoma City, OK. Can you provide a lease I can use with a pet addendum?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Since moving into a new apartment my skin has become
since moving into a new apartment my skin has become severely irritated, itching and bleeding. Saw a Dermatologist and have dermatitis from the hard water. He recommended a water softener. The landlor… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,750 satisfied customers
My landlord showed another tenant what I owe on my space
My landlord showed another tenant what I owe on my space rent as well as my mortgage are they allowed to do that... ps I live in a mobile home trailer park....… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
I am a landlord and I have tenants in NJ. Per the bank's
I am a landlord and I have tenants in NJ. Per the bank's request, I ask tenants to fill in a W-9, so I can put their security deposit in an interest bearing security deposit account.All my tenants hav… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
My renter broke the lease by smoking ciggs. in house acid
my renter broke the lease by smoking ciggs. in house acid burned my rug,and I caught him making or manufacturing of a controlled substance(DMT).He was arrested,and he gave verbal notice to my husband … read more
barristerinky
barristerinky
Attorney
41,141 satisfied customers
I have a document from a Lawyer from HOAs that I owe and
Hi there. I have a document from a Lawyer from HOAs that I owe and have been paying for the past 8 months. Can you read it for me and tell me if it's something I should sign or not? Thank you.… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,278 satisfied customers
I have a tenant that lives with me but has not paid rent for
I have a tenant that lives with me but has not paid rent for three months … read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
The HOA of my rental property is assessing all rental
The HOA of my rental property is assessing all rental property in the neighborhood an annual fee to offset administrative costs associated with rental administration. I have no idea what these costs c… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
I have a former lawyer that wants to charge a late notice
I have a former lawyer that wants to charge a late notice fee (less than 60 days before leaving) The lease expired on April 1. Initially, I notified them via email, on 1/26. There is nothing in the le… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,750 satisfied customers
I have a problem with my neighbor next door he let his dog
I have a problem with my neighbor next door he let his dog urinated and defecates ( he clean after ) only on my sidewalk literal do no walk the dog just take it over my sidewalk is disturbing every ti… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was told that if the rent is over $600 that the landlord
I was told that if the rent is over $600 that the landlord must pay a utility bill is this true? And if so where can I find this information? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm a landlord in Maine and a lease is ending April 30 and
I'm a landlord in Maine and a lease is ending April 30 and I'm concerned my tenant will not vacate. I've read in Maine in the case of an ended lease I can ask the court for an eviction proceeding WITH… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My tenant let her boyfriend move in. Since then, there have
My tenant let her boyfriend move in. Since then, there have been 2 disturbances involving the police but the boyfriend refuses to leave. I live in Virginia, Do I need to evict him formally orr can I c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
Question about rental house. In case the tenant not paying a
Hello. Question about rental house. In case the tenant not paying a monthly payment , what I should do in that case? How I can evacuate the house? How much time it takes to evacuate house? How many mo… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
I have lived in the same Mobile Home Park for 40+ years and
I have lived in the same Mobile Home Park for 40+ years and my children for over 20. Now the park will not take lot rent unless we submit to background checks. I feel that this is an invasion for some… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
I've been served with a summons for a legal eviction unable
I've been served with a summons for a legal eviction unable to work with landlord to for an extension the papers that I've been served only give me a five-day reply time to ask for an unofficial exten… read more
barristerinky
barristerinky
Attorney
41,141 satisfied customers
I am renting an apartment in a one-family townhouse in
Good morning, I am renting an apartment in a one-family townhouse in Seattle; my lease is up on May 20. On April 20 I received an email from my landlord informing me that she intends to sell the build… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x