Non Payment of Rent

Answer: Domestic violence is a defense to eviction, but only under the proper circumstances. I have set out the law in its entirety below. As you can see, the law presumes there has been a violent act for which the landlord is evicting everyonein the space, i.e. the villain and the victim.

Answer: The Oregon landlord-tenant law does not "require" that a landlord accept partial payments. To the contrary, it provides that it is a "tenant's duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement... ."

Answer: There seems to be some confusion on what facts determine giving the 30-day notices and which are appropriate for three strikes. Here is a brief primer:

Obviously, if the elderly or infirm resident, or their family, sell the home before the resident transfers to an assisted care facility, the problem goes away. If not, i.e.

Answer. ORS 90.730(3)(c) provides:

Answer: I assume that when he tenders the rent, you accept it and report to the court that the case is to be dismissed. This means that any leverage you had to make the full payment, including court fees, has disappeared. You might consider one of the two following alternatives:

• The landlord accepts:
  • A last month's rent deposit collected at the beginning of the tenancy, regardless of whether the deposit covers a period beyond a termination date;
  • Rent distributed pursuant to a court order releasing money paid into court; or
  • Rent paid for a rent obligation not yet due and paid more than one rental period in advance.

Answer: Landlords should become intimately familiar with ORS 90.680, and then make sure their rules and rental agreements conform to what is allowed. Set forth below is a summary of those portions of the statute that address your questions:

Answer. I'm not a bankruptcy attorney, but can tell you generally what the process entails. The moment the resident files for bankruptcy - or even tells you they filed, you should halt any action you're in the process of taking. In the case of the 72-hour notice, you should not file for eviction, even though no rent payment was timely made.

Rule 1. Do not accept rent if you know that the tenant is in violation of the Park Rules and you intend to issue a 30-day notice of default. Example: If the tenant has an unpermitted pet or has someone living with him/her who has not applied for residency as a tenant do not accept rent if you are planning to give the tenant a 30-day notice of default.