Landlord broke lease

Status
Not open for further replies.

lisawithana

New Member
My jurisdiction is: Medford, Oregon

Renting a house, signed a year lease. landlord said she wanted to rent it for 2 to 3 years. Renting it with a best friend, have 5 kids in house ages 9, 10, 11 and 2 year old twins. We were late with half rent second month, but she accepted the first half. Because we were late she made us sign a month-to-month and threatened to evict us if we didn't. We have been on time every month since and paid $3000 in deposits.
She put a 30 day notice through our mail slot, but it has no move out date. It is dated and says she is writing a letter to give us a 30 day notice. She did not post it ot mail us a copy...Is this a valid 30 day notice?
She offered to let us stay 30 days longer at a discount of 30% while she does construction on the house. She admits we have done nothing wrong. She has receieved grant money to do an adult foster home and that's why she wants us to move.
We have not acknowledged the receipt of the 30 day notice.
Question 1: Is her breaking our lease legal because she accepted partial rent and basically threatened us?
Question 2: Is the 30 day notice valid if she did not post it on the door and follow up with a postal copy?

Any help would be great.
Thanks.
 
In Oregon (as in many states) a month to month tenancy can be terminated with a 30 day written notice:

http://lawdigest.uslegal.com/landlord-tenant/lease-termination/4535/

Please understand that a month to month tenancy is just that; the lease begins on the first day of the month and ends on the last day. It then renews itself for another month unless notice to terminate is provided by either the landlord or the tenant.

So your landlord is not breaking your lease. She is simply notifying you that she is not renewing it.

In terms of notifying you; she has; she has done this in writing and that is all that is really required.

You may be mistaking the posting on the door and the postal copy with an actual eviction notice.

Gail
 
On the 30 day notice there is no clear move out date. It is dated and says she is "writing a letter to give us a 30 day notice" but there is no listed move out date. Is that legal. Also, we had a year lease - we paid half the rent and she basically threatened to evict us if we did not go to amonth-to-month lease, is that legal? We are not tryign to play anyone. This person has really taken advantage of us and we are trying to see what rights we have to fight it. We have 5 children and no place to live yet. Any insight woudl be great! Thanks!
 
Since Oregon landlord tenant law indicates that a specific date for termination must be included in the letter, this might buy you some extra time prior to you having to find another place to move to (I suspect that when the 30 days is up and you haven't moved, your landlord will either write you another 30 day termination notice with the specific move out date indicated...or they will file for an eviction).

Your initial lease was for a year; however, by signing the new month to month tenancy, you agreed to change this.

Gail
 
So the fact that she basically intimidated us into signing a month-to-month has no bearing?
Also, she has come into the house three times so far to work on her " adult foster home" giving us 24 hour notice to enter and it has been at unreasonable times and she is late usually and stays longer than she saus she is going to. She wants to come in with a contractor tomorrow at 5:30pm, which again is an unreasonable time as that is when we all get home and start doing dinner. can we deny her access? I have calls into 5 attorneys to get soem help on this.
 
Thanks, Gail!
So, even though we paid half the rent and she basically intimidated us into signing a month-to-month we have no recourse?
Also, she has come into the home 3 times to do contract work to turn the home into an adult foster care. She has given us 24 hour notice each time, but it has been at unreasonable times and she always stays late and shows up late. She wnats to come in again tomorrow with a contractor at 5:30pm - can we deny her?
 
No; you have no recourse. How would you show a judge (should this go to court) that your landlord intimidated you into signing this month to month lease?

Your landlord is following Oregon law by giving you at least 24 hours notice to enter the premises. She doesn't have to indicate how long she is planning on staying (because, in repairing something one often has no idea how long this will take). Coming in at 5:30 pm isn't an unreasonable time; wanting to come in at 5:30 am (unless this is for an emergency repair) certainly would be.

I know you are probably angry and upset about the 30 day notice but it's best to leave the rental on good terms with the landlord. Future landlords often call past landlords to check out how easy or difficult the tenants (you) were during the rental.

Gail
 
Status
Not open for further replies.
Back
Top