24 hour notice to enter

[Sprightly]

Originally Posted by mccauslin

how long is a 24hrs maintence slp? good for? i got 1 from 11-7 through 11-13

Do you live in a large apartment complex? This sounds like something they typically do when they want to perform the same task and inspection on many apartments and are too lazy to actually commit to a specific day for particular apartments. I've had good results in calling the landlord and telling them they need to give me a specific day not just a range.

[2bpurrfect]

Originally Posted by 2bpurrfect

yes, they do. In Oregon the minimum notice is 24 hours for a landlord to enter for inspections and repairs, appraisal, etc.
And yes, they can take their time to do it, if reasonable: if it is required for them to come back, and finish something within a few days, they can do so. There are notice requirements they have to follow, set forth by law. But it is getting more casual / easy for the Landlords to do it and less protective of tenants all the time, as the laws are eroded by the Landlord lobby in Salem.
If you don't like it, then call your state legislator and demand better protections for Oregon renters, using specifics of what you want to see. Perhaps a 72 hour notice requirement for inspections etc that are not immediate emergencies. ?... that would help many.
The landlord lobby is very strong and active in Salem, as we can tell by the Landlord-Tenant laws, especially such as the Notice of Entry laws. They're currently largely designed to convenience or benefit the landlord and inconvenience the tenant, or actually harm them. They need changed badly, to protect renters better. Some renters are becoming homeless and having troubles because of these arbitrary and unfair requirements placed upon them.

But yes, you certainly can call and talk to your landlord/ management, to try and arrange something that is not so inconvenient or a hardship. After all the laws usually state that it all has to be at "reasonable" times. Ask for a few days more or something specific, with reasons.

One exception: disabled persons may have a longer period of time, at least in certain conditions, they may be able to require a 2-week notice. I know it is the case with certain HUD subsidized housing programs, it may also apply to other renters. Check on it just in case, if you think it might apply to you.
You need to look at the laws and maybe ask Legal Aid since they specialize in some of the housing issues for tenants. Also the Community Alliance of Tenants (CAT) is a resource.

Check the Housing Authority of Portland thread on this board, for links to Oregon Landlord Tenant Law Statutes, Legal Aid, and CAT.

OK-- HERE'S THE POST AND THREAD I REFERENCED FOR SOME HOUSING LAW/ TENANTS RIGHTS RESOURCE LINKS--

CLICK HERE --http://www.city-data.com/forum/portland/1000735-hap-housing-authority-portland-oregon.html


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[jwSedona]

My landlord gave me a 24 hour notice of entry for inspection. The notice says they may enter between 8 am and 8 pm between the 29th of December and the 6th of January. So, nine days of 12 hour periods that they can enter. Is this legal? The renter law only provides for seven days (from my research) to do a repair after notice, so I can't imagine it is. Thanks for your assistance!

[2bpurrfect]

jw, did you check this page? it has the whole oregon statute on this stuff. SEE SECTION BELOW.

http://www.leg.state.or.us/ors/090.html

if you see they are disregarding the law, you might want to talk to legal aid. but also, it can be a good idea to talk/ send a note to the management as to what hours you need them to come in. sometimes they accomodate and it can help just to have the conversation, you might find out more of what you need to know about their plans and policies etc., what to expect.

i certainly agree that this whole notice thing is way out of hand in oregon, it never used to be this bad for tenants. there ought to be a class action lawsuit.

*****ok so here's the section from oregon revised statutes, copied online:

90.725 Landlord or agent access to rented space; remedies. (1) A landlord or a landlord’s agent may enter onto a rented space, not including the tenant’s manufactured dwelling or floating home or an accessory building or structure, in order to inspect the space, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance, equipment servicing or grounds keeping or exhibit the space to prospective or actual purchasers of the facility, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord’s agent is limited as follows:
(a) A landlord or landlord’s agent may enter upon the rented space without consent of the tenant and without notice to the tenant for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.
(b) In case of an emergency, a landlord or landlord’s agent may enter the rented space without consent of the tenant, without notice to the tenant and at any time. “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord or landlord’s agent makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.
(c) If the tenant requests repairs or maintenance in writing, the landlord or landlord’s agent, without further notice, may enter upon demand, in the tenant’s absence or without consent of the tenant, for the purpose of making the requested repairs until the repairs are completed. The tenant’s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant’s written request expires after seven days, unless the repairs are in progress and the landlord or landlord’s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.
(d)(A) If a written agreement requires the landlord to perform yard maintenance, equipment servicing or grounds keeping for the space:
(i) A landlord and tenant may agree that the landlord or landlord’s agent may enter for that purpose upon the space, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.
(ii) A tenant may deny consent for a landlord or landlord’s agent to enter upon the space pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord’s agent prior to, or at the time of, the attempted entry.
(B) As used in this paragraph:
(i) “Yard maintenance, equipment servicing or grounds keeping” includes, but is not limited to, servicing individual septic tank systems or water pumps, weeding, mowing grass and pruning trees and shrubs.
(ii) “Unreasonable time” refers to a time of day, day of the week or particular time that conflicts with the tenant’s reasonable and specific plans to use the space.
(e) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent prior to, or at the time of, the attempt by the landlord or landlord’s agent to enter.
(2) A landlord shall not abuse the right of access or use it to harass the tenant. A tenant shall not unreasonably withhold consent from the landlord to enter.
(3) A landlord has no other right of access except:
(a) Pursuant to court order;
(b) As permitted by ORS 90.410 (2);
(c) As permitted under ORS 90.539; or
(d) When the tenant has abandoned or relinquished the premises.
(4) If a landlord is required by a governmental agency to enter a rented space, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord shall not be found in violation of any state statute or local ordinance due to the failure.
(5) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement pursuant to ORS 90.630 (1) and take possession in the manner provided in ORS 105.105 to 105.168. In addition, the landlord may recover actual damages.
(6) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.620 (1). In addition, the tenant may recover actual damages not less than an amount equal to one month’s rent. [1999 c.676 §2; 2005 c.619 §23]

[Minervah]

it never used to be this bad for tenants. there ought to be a class action lawsuit.

I would disagee just a little. From my experience, although it is bad now, I actually think it used to be worse.

[2bpurrfect]

Originally Posted by Minervah

I would disagee just a little. From my experience, although it is bad now, I actually think it used to be worse.

well, never goes back a long way.... so i should say, it has been getting worse over the past few years, regarding the notice to enter bit.

[jwSedona]

As an update, the landlord ended up inspecting on the 29th of December. She gave me another 24 hour notice for inspection January 6th. I let her know that due to her harassment by giving three notices for inspection within a twenty day period, along with the fact that the last two inspection ranges actually overlapped, and it had only been seven days since she last inspected, I would be denying her entry, and would be moving out. Oregon Revised Statues 90.322 as my defense. I have a 16 month old daughter and I cannot have the landlord and her less than desirable maintenance employees which she lists as people to enter having access to what totaled to over three weeks of a months time. Also, she never gave us a lead disclosure upon moving into this building which was built in 1928 which I believe to be illegal. Regardless, I'm happy to be free of this bad situation.

[2bpurrfect]

Originally Posted by jwSedona

As an update, the landlord ended up inspecting on the 29th of December. She gave me another 24 hour notice for inspection January 6th. I let her know that due to her harassment by giving three notices for inspection within a twenty day period, along with the fact that the last two inspection ranges actually overlapped, and it had only been seven days since she last inspected, I would be denying her entry, and would be moving out. Oregon Revised Statues 90.322 as my defense. I have a 16 month old daughter and I cannot have the landlord and her less than desirable maintenance employees which she lists as people to enter having access to what totaled to over three weeks of a months time. Also, she never gave us a lead disclosure upon moving into this building which was built in 1928 which I believe to be illegal. Regardless, I'm happy to be free of this bad situation.

best of luck to you, i hope things don't get worse. if you can give 30 day notice, i would do that if it were me. i don't blame you, this is so inconsiderate and really, the law is so vague, unlimited, and unreasonable.