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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6711
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I'm being evicted from my apartment payment of rent

Customer Question

I'm being evicted from my apartment for non payment of rent for March and now April. My rent is based on income and last September when I recertified I had a job. However in late December I felt like I needed to be closer to home while working. So I quit my job and started looking for work in my area. I have3 kids and we have been harassed beyond belief by their father. I noticed a big change in the mental health of ultimately me and my children. it's been four months and I'm still looking. However I didn't report my income loss and I used my tax return for January and February bills. I afraid of bothering with all the paperwork and time it takes to recertify. I wouldn't be in this situation if I would have recertified right Away. I now understand that I was probably traumatized a bit from domestic abuse. Please help me before I get removed from my apartment with my kids. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I just wanted to add I didn't recertify also because I had high hopes in finding employment right away.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for you question. As I know you are aware a landlord is in the business of making money in the form of rent payments, A tenants failure to provide rental payments for whatever reason, aside from bankruptcy is grounds for eviction. Do you have a written lease? Where you served notice with the intention to evict or with an actual summons to appear in court? Can you come up with the money you owe to bring your payments up to date? In some cases a judge may work out a payment plan provided the tenant abides by the plan they may remain in the rental unit. Domestic abuse is grounds to have your lease terminated. Have reported the domestic abuse? Is this a member of your household?
Customer: replied 1 year ago.
Domestic abuse can get me kicked out? It's an on going thing from my children's father who does and has not lived in my apartment. I don't have all of the money currently but would be able to do payments. I received both. A notice to pay rent by certain date and then a notice for mediation which I did not attend because I confused the dates. Under lots of stress I guess.
Expert:  Attyadvisor replied 1 year ago.
I can understand the stress and I am here to help. Contrary to popular misconception tenants can terminate a lease if they are the VICTIM of domestic violence. Unless of course the tenant is instigating the violence or another person on the lease is doing so.“When and how tenants may legally break a lease in Oregon and how to limit liability for rent through the end of the lease term. Many tenants who sign a lease for their apartment or rental unit plan to stay for the full amount of time required in the lease, such as one year. But despite your best intentions, you may want (or need) to leave before your lease is up—for example, if you’re a student at Oregon State and only want to stay in your apartment for the period of time that school is in session. Or perhaps you’re moving in with your boyfriend or girlfriend. Sometimes, you may need to move in order to be closer to your new job or an elderly parent who needs your help.Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Oregon to break a lease without further liability for the rent.Tenant Rights and Responsibilities When Signing a Lease in OregonA lease obligates both you and your landlord for a set period of time,usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Oregon must follow specific procedures to end the tenancy. For example, your landlord may serve a pay or quit notice after the rent is eight days late,giving you three days, or they may serve the notice earlier, after rent is five days late, and give you six days to pay or quit (Oregon Rev. Stat. §§90.394(2))(a) and 90.394(2)(b)).Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.When Breaking a Lease Is Justified in OregonThere are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.You (or Your Child) Are a Victim of Domestic Violence, Sexual Assault, or StalkingState law (Ore. Rev. Stat. Ann. §§90.453 and following) provides early termination rights for tenants who are victims of domestic violence, sexual assault, or stalking, provided that specified conditions are met (such as the tenant filing a police report).You Are Starting Active Military DutyIf you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Service members Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following.) You must be part of the “uniformed services,” which includes the armed forces,commissioned corps of the national Oceanic and Atmospheric Administration (NOAA),commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.The Rental Unit Is Unsafe or Violates Oregon Health or Safety CodesIf your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been“constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Oregon law (Ore. Rev. Stat. § 90.365) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.Your Landlord Harasses You or Violates Your Privacy RightsUnder state law in Oregon, your landlord must give you 24 hours’ notice to enter rental property (Ore. Rev. Stat. § 90.322). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation. In Oregon there are very specific rules on what MUST be included in a lease: “Your lease or rental agreement should spell out your landlord’s key rent rules, including:the amount of rent (there are no limits to how much a landlord can charge in Oregon since there are no communities with rent control in the state)where rent is due (such as by mail to the landlord’s business address)when rent is due (including what happens if the rent due date falls on a weekend date or holiday)how rent should be paid (usually check, money order, cash, and/or credit card)the amount of notice landlords must provide to increase rentthe amount of any extra fee if your rent check bounces, andthe consequences of paying rent late, including late fees and termination of the tenancy.State laws in Oregon cover several of these rent-related issues, including limits on late fees, the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction.Oregon Rules on Late Fees Rent is legally due on the date specified in your lease or rental agreement(usually the first of the month). If you don’t pay rent when it is due,the landlord may begin charging you a late fee. Under Oregon law, a landlord must wait four days after the rent due date before imposing a late fee, and must disclose the late fee policy in the rental agreement. A flat fee must be“reasonable.” A daily late fee may not be more than 6% of a reasonable flat fee, and cannot add up to more than 5% of the monthly rate.Amount of Notice Oregon Landlords Must Give Tenants to Increase RentOregon does not have a state statute on the amount of notice the landlord must provide tenants in order to increase the rent or change other terms of a month-to-month rental agreement. Unless your rental agreement specifies otherwise, the landlord must typically provide the same amount of notice to change the rent or another term of the tenancy as state law requires the landlord to provide when ending the tenancy—in this case 30 days(60 days for occupancies of more than one year). Keep in mind that if you have a long-term lease, the landlord may not increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.Rent Increases as Retaliation or DiscriminationOregon landlords may not raise the rent in a discriminatory manner—for example, only for members of a certain race. Also,Oregon landlords may not use a rent increase in retaliation against you for exercising a legal right—for example, in response to your legitimate complaint to a local housing agency about a broken heater.Oregon State Laws on Termination for Nonpayment of RentStates set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. Oregon landlords have a choice: They may serve a pay or quit notice after rent is eight days late, giving the tenant 72 hours (three days) to pay rent or quit; or, they may serve the notice earlier, after rent is overdue five days (in which case, the tenant has longer—144 hours (six days)—to pay or quit).Oregon Guide to Tenant RightsFor an overview of tenant rights when it comes to paying rent under Oregon landlord-tenant law, see State Laws on Late Fees, Termination for Nonpayment of Rent, and Other Rent-Related IssuesFor state rent rules and procedures on issues such as raising rent, see Ore.Rev. Stat. §§ 90.220, 90.260, 91.070, and 90.427.For Oregon laws on termination for nonpayment of rent, see Ore. Rev. Stat. §90.394(2).” This is the law on when a landlord can evict a tenant for nonpayment “§ 90.394¹ Termination of rental agreement for failure to pay rentThe landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168(Minor as party in proceedings pertaining to residential dwellings), as follows:(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours written notice of nonpayment and the landlords intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period,including the first day the rent is due.(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:(a) At least 72 hours written notice of nonpayment and the landlords intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period,including the first day the rent is due; or(b) At least 144 hours written notice of nonpayment and the landlords intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period,including the first day the rent is due.(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.(4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless:(a) The notice is served on the tenant:(A) By personal delivery as provided in ORS 90.155(Service or delivery of written notice) (1)(a); or(B) By first class mail and attachment as provided in ORS 90.155 (Service or delivery of written notice) (1)(c);(b) A written rental agreement and the notice expressly state that payment is to be made at as specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and(c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8] It is possible to work out a payment plan with the landlord or counter sue if the landlord has violated your rights. Judges can also work out payments plans if they are inclined to do so. Where in Oregon are you located so I can provide some local resources for free assistance?Further, can you answer these questions for me?Do you have a written lease? Where you served notice with the intention to evict or with an actual summons to appear in court?Further, if the landlord fails to provide all required procedures you can have the case dismissed.
Expert:  Attyadvisor replied 1 year ago.
Are you still with me?
Expert:  Attyadvisor replied 1 year ago.
Please ignore the premium services offer. Yes there can be payment plans set up. This would be up to the court. I wanted to follow up with you to see if you have any additional questions. You may not be aware that the Attorneys on the site do not receive credit for their work unless the customer provides a positive rating. I hope I was able to help you.

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