Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I've been renting a four-plex in Portland for the past seven years. The landlord recently started threatening to take away the shared storage space in the basement so he could put his own things in there. When I moved in there was a verbal agreement that I could store my stuff. He says if he has the right to take storage away from all the tenants. He says that he has the right because basement storage is not written into the contract. I took a look at the Oregon Landlord and Tenants rights, and though I don't quite know if I'm reading it right, it seems to say unless the landlord indicates in writing at the time the contract is signed, that the premises are to be used provisionally (depending on how much space he needs) he can't legally take it away, that is, without the tenants agreeing to it. I personally think the verbal agreement should be enough. Does anybody know if he can legally take away the basement storage after this amount of time? Doesn't it need to be written into the contract that the storage is subject to change when he is inclined to take it away? He has also, at various times, threatened to take away the laundry facilities, because he can, he says, as they are not written into the contract. Can he do this, when the tenants rented the place with an agreement, albeit verbal, to have storage space and washer and dryer?
Apologies..but there's more. He's here everyday landscaping, ripping up plants, trees, weedwacking. He has cars parked in the back, junkers that he strips and polishes, fusses with. He stores junk around the yard, like rebar and tools. Moves the tenant's barbeques because "they're junking the place up," and took a plant of mine in a nice pot and dumped it out, as well as ripped up a rosemary bush I'd planted- this after the initial agreement we could plant stuff and enjoy the place (by his wife who rented to me). Some enjoyment.
I guess, most importantly, my question, if anybody knows, can landlord take away the use of sections of the premises, e.g., use of the basement without having stated it in the written agreement?
I had had a similar thing happen to me with a former landlord. I sought legal advice because there were other issues involved at the time. The attorney verified I had no recourse in the landlord's reclaiming the storage space because his agreement to let me use it was not in writing. A verbal agreement in this case was not binding.
Thanks, Minervah. I'm sorry you had to go through all that. I'm sure not enjoying it. I was hoping the "needs to be in writing" part was not the case, as I like the apartment and would prefer not to move. I guess in the end I wonder what I'm renting. If landlord claims yard for himself (won't now allow tenants to have anything of their own anywhere near or on yard), driveway, puts his stuff on front porch, and now wants all of basement, if it's not in writing that he can't, he can legally inhabit all of premises except for the apartments themselves? I wonder, if he wanted to put a pup tent in the back yard (or porch) and live in it, can he do that legally, because it's not written into the contract that he can't? When I suggest that it's not "quite right" to take away the parts we call home he asserts in a loud, fairly threatening voice that it's too bad, it's not in the contract. OK, I have to find a new place, the writing's on the wall. It's just too bad it has to be this way.
Thanks, Minervah. I'm sorry you had to go through all that. I'm sure not enjoying it. I was hoping the "needs to be in writing" part was not the case, as I like the apartment and would prefer not to move. I guess in the end I wonder what I'm renting. If landlord claims yard for himself (won't now allow tenants to have anything of their own anywhere near or on yard), driveway, puts his stuff on front porch, and now wants all of basement, if it's not in writing that he can't, he can legally inhabit all of premises except for the apartments themselves? I wonder, if he wanted to put a pup tent in the back yard (or porch) and live in it, can he do that legally, because it's not written into the contract that he can't? When I suggest that it's not "quite right" to take away the parts we call home he asserts in a loud, fairly threatening voice that it's too bad, it's not in the contract. OK, I have to find a new place, the writing's on the wall. It's just too bad it has to be this way.
The way it was explained to me is the bottom line is that it is his property. You have rights to the space you rented which is described in the rental contract but that's about it. And yes, he certainly could put up a pup tent in the backyard. In my neighborhood I know of two such situations where property owners put trailers in their backyards and had someone living in them.
I am sorry you are having to go through this. I hope you find a better place and better landlord. Having been a renter in another city for many years when I first came to Portland 30 years ago, I was shocked at the lack of protection for tenants. I don't see where that has changed much.
I had landlords come in my apartment while I was away and use my stuff, I had an apartment overrun by mice and the landlord refused to do anything about it, I have had no hot water in the kitchen (landlady told me to wash my dishes in the bathtub) and have had rent increases because I complained about unsafe living conditions.
My present apartment is owned by a great guy. There are a few decent landlords around. I hope you find a good one. Good luck.
Wow, that's a bleak picture. It sounds like renters have no rights at all in Oregon. It seems to me that if a landlord came into your house and used your stuff while you were gone that would be trespass and definitely against tenant rights. I would think you could call the cops and have them arrested for trespass. Also, the water situation. Did you talk to a lawyer about the trespass issue and/or not having hot water? I don't understand legalese all that well, but found the following in the Oregon Tenant and Landlord rights I mentioned. I found link online that I think pertains to the situation of a landlord entering without consent for purposes other than repair or maintenance. http://www.leg.state.or.us/ors/090.html
Chapter 90.275: (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.
(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.
Anybody else have any similar situations in which they talked to a lawyer and/or a judge and won or lost the case?
Wow, that's a bleak picture. It sounds like renters have no rights at all in Oregon. It seems to me that if a landlord came into your house and used your stuff while you were gone that would be trespass and definitely against tenant rights. I would think you could call the cops and have them arrested for trespass. Also, the water situation. Did you talk to a lawyer about the trespass issue and/or not having hot water? I don't understand legalese all that well, but found the following in the Oregon Tenant and Landlord rights I mentioned. I found link online that I think pertains to the situation of a landlord entering without consent for purposes other than repair or maintenance. http://www.leg.state.or.us/ors/090.html
Chapter 90.275: (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.
(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.
Anybody else have any similar situations in which they talked to a lawyer and/or a judge and won or lost the case?
My neighbors in one building where I used to live took our landlady to court twice for entering without persmission. She was fined both times and the last time had to pay for the tenant's moving. That included the moving of their grand piano. Did she learn her lesson? No. There is a certain stubboness these property owners have that no one can tell them what to do with their property.
The only teeth these laws have and there are not many, is when someone takes the time and trouble to take the offeneders to court. Or as I had to do in one place, call the city housing inspector to force the owners to make repairs of dangerous conditions.
Your landlord is way out of line and I believe what he is doing with threats and such isn't legal. He can't just make "part" of the premises available, there's certain regulations regarding what you can rent out. A landlord cannot make a new rule (in this case with the basement space) without getting you to agree to it, otherwise it's not binding. It sounds with him parking junk and such he's not giving his tenants exclusive rights to the property which means you could simply break your lease and move out, which would be your best recourse in this situation. Also since it's a 4-plex and not an apartment building all 4 teants have the right to "exclusive possession" which in this case with him storing his junk on the property and, hanging around the property all the time he's violating this right.
Here's a link:
[url]http://www.osbar.org/public/legalinfo/1252_LandlordRuleConventional.htm[/url]
Bottom line is talk to an attorney to know for sure as the bottom line is how the rental contract is worded. If he says you can't access the yard,driveway,etc it needs to be in writing.
As far as the storage space goes: This is probably the reason it was a verbal agreement. Verbal agreements technically count as legal contract, but the problem is they are a he said/he said situation. If you can prove that he gave you a verbal contract to store your stuff there then you can sue for your right to keep your stuff there, but if you can't prove it then it may as well never have happened.
As for the yard: quote from Tenant Privacy and Landlord Access : "If you have an agreement in writing that the landlord is required to do yard work, and you and your landlord also agree that someone can enter the yard to do yard work without entering your unit, your landlord doesn’t need to give 24-hours’ notice."
He could probably interpret "yard work" however he likes in this case. As long as the yard is his responsibility he has free reign to weed-whack all he likes. Not so sure about the car tinkering though.
This clown (landlord) is bad news. I'm sure there is alot more, but the bottom line is it's a renters market, and there are alot of good landlords (including me) who would love to have a tenant with your longevity. You can not believe the crap I have heard from my tenants over the past 25 years, that landlord have tryed to pull on them.
A little advise:
To new landlords: Take the class offered at most city community centers on landlord/tenant laws.
Some laws are changed or update yearly. If you can't do 90% of your own repairs/maintenance, your are in the wrong business. This is crucial to keeping turnover/damage charges low. This is where most newbies get it wrong, and then wonder why their overhead is so high
To renters: We do credit/backround checks because we want to minimize the chance we get screwed. Most of us, are average working joes like you who need the rent to pay bills just like you. I have NO problem with my people paying late once in a while, as long as you tell me before!
Give me a heads up and I will waive the late charge, everyone wins.
ALWAYS get everthing in writing on your rental aggrement, down to the smallest detail. If you ever have to go to court, this will save your butt.
You have a crappy landlord. I have a rental property and I wouldn't pull that mess on my tenants. Unfortunately, you will have to move. Even if the law were on your side, he will make you pay for it in other ways. When you rent someplace, it's not just the apartment or house you have to deal with ... the landlord-renter relationship is a big part of it, too. Try to leave on the best terms you can and get out of there. There are a lot of places to rent nowadays in Portland.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
