What is the maximum amount I can collect as a security deposit? There is no limit to the maximum amount a landlord may collect for the security deposit.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
May I charge late payment fees?
The rental agreement must state the type and amount of late fee and when it can be charged. There are 3 different kinds of late fees:
- Per Rental Period Late Fee: a reasonable flat amount charged one time for the month the rent is late.
- Per Day Late Fee: a daily fee that cannot be more that 6% of the reasonable flat monthly late fee described above .
- A 5-Day Period Late Fee: a fee that is 5% of the rent, charged once for each 5-day period the rent is late.
Please Note: The landlord can change the type of late fee that is charged by sending the tenant a 30-day notice in advance.
May I charge a returned payment fee?
If a check is dishonored due to lack of funds or credit to pay the check, or because the maker has no account with the drawee, the payee may be entitled to a fee not more than $25.00 for any single dishonored check for the cost of handling and collecting the check.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.
How can I end an Oregon lease agreement? If the tenancy is:
- Month-to-Month: A 30-day advance written notice is required.
- Week-to-Week: A 10-day advance written notice is required.
- Fixed Term Lease: Notice is as specified within the lease.
My tenant has moved out, what shall I do with their security deposit? The landlord must return to the tenant within 31 days of tenancy terminate the entire security deposit, or awritten account that states specifically why a portion or all of the deposit plus the remainder, if any, was with held.
Please Note: If a landlord requires a new or increased security deposit after the first year of the tenancy, the landlord shall allow the tenant at least 3 months to pay the deposit.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
Do I have to give the tenant notice before I enter the rental property? The landlord shall have the right to enter the leased premises at reasonable times and hours, after reasonable notice has been given to the tenant(24 hrs), unless in cases of emergency.
Aside from the lease agreement, are there any additional documents necessary? If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.