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Landlord Tenant Law

Landlord tenant law covers the legal rights and protections of both landlords and tenants. Lease agreements provide for the obligations, expectations, and rights of the renter and landlord and provide for remedies if there is a breach or a landlord tenant dispute.

Oregon Landlord Tenant Attorneys

Landlord tenant lawyers can represent either the tenant or landlord when a rental agreement has been breached and the parties cannot reach an agreement. For tenants, these attorneys can usually delay or prevent an eviction, or immediately stop landlord harassment. If your landlord is illegally raising rent, failing to fix problems in the rental unit, or won’t give you back your security deposit, a lawyer can step in to protect your rights. For landlords, a lawyer can help you create a valid rental agreement, to protect your rights as a property owner. A Portland law firm can also help you evict tenants who aren’t paying rent, and make sure you’re operating under the law when you take any actions against a tenant.

When Is My Portland Landlord Allowed to Raise the Rent?

Rent increases are often a big concern for renters in Portland, and in many cities across the country. Landlords generally can’t raise your rent while you are under an existing lease agreement. However, when you go to renew, your landlord may be allowed to increase the price of rent. Generally, the landlord must give you “proper notice” of the increase in advance, which may vary by local jurisdiction or the terms of your lease. If you’re on a month-to-month lease, the state determines how much notice your landlord must provide before an increase can go into effect.

Can You Be Evicted as Soon as You Stop Paying Rent?

Tenant rights provide some protections when it comes to evictions. Most leases provide a small grace period for late rental payments, usually within a couple of days from the due date. However, if you go beyond that, landlords are usually allowed to charge a late fee if the fee was included in the lease. In many states, a landlord has to wait a set amount of time before they can start the eviction process, usually a couple of days to a couple of weeks.

Can My Landlord Come In When I’m Not Home?

Just because your landlord owns the property does not mean they can come into your house or apartment without notice. A Portland landlord has to have a reason to come in and they have to provide notice. Valid reasons for coming into the property include making repairs or inspections, performing agreed maintenance, and showing the property to renters or buyers. However, except for limited situations, the landlord still has to provide a minimum amount of notice.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.