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60-day notice to move out while house is uninhabitable

Discussion in 'Use of the Law Forum & News' started by Scintilla, Jan 19, 2014.

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  1. Jan 19, 2014 #1
    Scintilla

    Scintilla Law Topic Starter New Member

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    I live in a rental in Oregon where I have been since 2009. While I was gone on vacation, the pipes froze. When I returned, the house was uninhabitable (no running water, ripped out carpets and floor, ceiling was gone, and some walls too. Two out of the three bathrooms were also completely torn out. The day after my return, two weeks before Christmas, I receive a 60-day notice to vacate. Our contract is month-to-month. The house is STILL uninhabitable (although water is back on) and I've been living in a hotel. The repairs have not even started.

    Does the 60-day notice come into immediate affect despite the house being uninhabitable?


    Thank you in advance,

    -s
     
    Last edited: Jan 19, 2014
    Scintilla, Jan 19, 2014
    Scintilla, Jan 19, 2014
    #1
  2. Jan 21, 2014 #2
    disagreeable

    disagreeable Well-Known Member

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    Yes it does. It sounds like the landlord blames you for improperly heating the residence. You might not be getting anything but a bill upon move out.
     
    disagreeable, Jan 21, 2014
    disagreeable, Jan 21, 2014
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  3. Jan 23, 2014 #3
    Scintilla

    Scintilla Law Topic Starter New Member

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    He could of course do that, but there were hundreds of other houses in the city experiencing the same problems. The insurance companies declared an emergency with over six million dollars of claims so far. I would contest such a bill.
     
    Scintilla, Jan 23, 2014
    Scintilla, Jan 23, 2014
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  4. Jan 24, 2014 #4
    army judge

    army judge Super Moderator

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    Sure, anyone is free to contest anything.

    Just so you know, you'll have to SUE the landlord for any amount you feel you are due that isn't returned to you.

    That is a lengthy and often disappointing process.

    That means you'll have to file a small claims case in the county where the dispute originates.
     
    army judge, Jan 24, 2014
    army judge, Jan 24, 2014
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  5. Jan 24, 2014 #5
    Betty3

    Betty3 Super Moderator

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    You can sue for up to $7,500 in small claims court in Oregon.
     
    Betty3, Jan 24, 2014
    Betty3, Jan 24, 2014
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  6. Jan 24, 2014 #6
    Scintilla

    Scintilla Law Topic Starter New Member

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    How is me suing anyone relevant to my question? I'm saying if he bills me and expects me to pay for damages, that's one story, but my main question still stands. Is the 60-day notice valid given the conditions of the house?

    It's fine if it is, otherwise I'd like to buy more time because it's been difficult get our things packed given that we can't spend much time at the house.
     
    Scintilla, Jan 24, 2014
    Scintilla, Jan 24, 2014
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  7. Jan 24, 2014 #7
    Betty3

    Betty3 Super Moderator

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    It seems a responder answered that is post #2 above. I don't know for sure myself. You can hold & see if someone else comes along & verifies the information in post #2.
     
    Betty3, Jan 24, 2014
    Betty3, Jan 24, 2014
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  8. Jan 24, 2014 #8
    army judge

    army judge Super Moderator

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    The 60 day notice is simply what a landlord must do before he or she can take a tenant to court and have them evicted should said tenant not voluntarily leave.

    The landlord can't evict you.

    He or she has to demand you leave the premises.

    In your situation he has given you the statutorily required notice to vacate the unit.

    You can honor his request and be out by day 60.

    If you choose not to honor his or her request, he or she then must go to court and bring a dispossession action (EVICTION PROCEEDING) against you.

    Read this link, as it explains the process in its entirety for Coos County, OR:

    http://courts.oregon.gov/Coos/pages/resedentialevic.aspx

    The process explained in general:

    http://oregonlawhelp.org/resource/eviction-2?ref=LZfcM#first

    The eviction process explained by an Oregon attorney:

    http://www.marklbusch.com/Pages/CommonEvictionIssues.aspx

    You can Google (Eviction process YOUR COUNTY, OR) for specifics about the process in YOUR county.
     
    army judge, Jan 24, 2014
    army judge, Jan 24, 2014
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  9. Jan 24, 2014 #9
    Scintilla

    Scintilla Law Topic Starter New Member

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    I always honor my contracts unless it's not possible. I'll honor this one too. Was just seeing if it was possible to buy more time as I would like just an extra week since the new house isn't available right away.
     
    Scintilla, Jan 24, 2014
    Scintilla, Jan 24, 2014
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  10. Jan 24, 2014 #10
    army judge

    army judge Super Moderator

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    There is no contract.

    He is simply asking you to leave.

    That is all any landlord can do, ask (as in request) a tenant to leave.

    The tenant has every right to refuse.

    You wanted your question clarified, I further elaborated and elucidated clearly how this works.

    Life is about choices.

    You choose to leave and honor the landlord's request.

    Frankly, that is none of my concern.

    Good luck.
     
    army judge, Jan 24, 2014
    army judge, Jan 24, 2014
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  11. Jan 24, 2014 #11
    Scintilla

    Scintilla Law Topic Starter New Member

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    I never got a verification email

    And yes, there was absolutely a contract. A month-to-month contract. Oregon law stipulates that after living in a house for over 2 years, the landlord is required to give 60-day notice to the tenant, regardless of the terms of the contract. That's what he did.
     
    Scintilla, Jan 24, 2014
    Scintilla, Jan 24, 2014
    #11
  12. Feb 24, 2014 #12
    Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    The OP wrote a message that wasn't published so I'll publish it here and comment:

    And yes, there was absolutely a contract. A month-to-month contract. Oregon law stipulates that after living in a house for over 2 years, the landlord is required to give 60-day notice to the tenant, regardless of the terms of the contract. That's what he did.

    What army judge means to say is that there is no lease agreement or contract in place that would allow you to continue to rent the premises beyond the end of your month to month agreement. Here's the way it works: The home is uninhabitable while you make repairs. You must leave. You can return once the repairs are made and you are able to return. However, you may only stay up until the end of the agreement. You don't get bonus time nor any additional rights for the time for which you were inconvenienced and unable to use the premises.

    The practicality is that if you overstayed, you could be charged an extra month's rent. However, it would be very difficult for the landlord to collect, especially since you may have a claims against the landlord. I cannot and am not telling you what to do. I am just telling you what I have seen happen in landlord-tenant cases and the leverage that might be available to you to stay the extra week. There is no right of which I am aware that you have to stay beyond the time of your month to month agreement. So please take note, you can only get an accurate answer by having a proper legal consultation with a lawyer who can review all the facts and circumstances in your situation. Good luck.
     
    Michael Wechsler, Feb 24, 2014
    Michael Wechsler, Feb 24, 2014
    #12
  13. Feb 24, 2014 #13
    Scintilla

    Scintilla Law Topic Starter New Member

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    OK, thanks. The two months was up on the 16th, and we left on the 16th, so it's in the past now.
     
    Scintilla, Feb 24, 2014
    Scintilla, Feb 24, 2014
    #13
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