Is it legal for a landlord to do this? (Eugene: renters, attorney)

[lauralmil27]

Our family moved into a rental home in the Hendricks park area of town on Spring blvd., the home is older and turned out to leak. Still, we are a family of 7 moving isn't easy for a large family we signed the 6 month lease not knowing that he already knew he was going to give us notice at the end of our lease. So, without any warning (he had been to the house 2 weeks before) he gave us 30 days notice or told us we could pay $700 dollars more per month in rent! Was that legal?

My husband is 90% disabled because of the war, which Max knew when he rented the place to us, we live off of his fixed VA income. I told the landlord we would need the deposit money right away because we didn't know how we would eat this month paying for a rental, plus the new rental's deposit. He waited exactly 30days to get $226 out of a $1500 deposit back to us. He itemized things that were damaged before we got there. I have pictures to prove that the house was in poor condition when we moved in.
This landlord is not a good person, he took advantage of a good family because he thinks he can. Do I have any recourse? Do Oregon's Landlord tenant laws only support the landlord? We were good renters, we were a military family which means we know how to clean and respect others property, what can we do to save others from this guy?

[aroseinrain]

If he gave you the notice when your 6 month lease was up then I think the only recourse you have is to sue for the remainder of your deposit money in small claims court.

As long as you have good photos of the condition that the place was in before you moved there you AND the things that he claimed to have had to repair were in disrepair before you moved in, you might have a case.

[aroseinrain]

Here's the site where you can find the Oregon landlord/tenant laws:
Landlord and Tenant Law

FWIW I can't find anything stating that he can't raise the rent by any amount he wants as long as the 6 month lease is up.

But he can't keep any part of your deposit without good cause (documented and itemized).
QUOTE:
"If your landlord wrongfully keeps part or all of the money, you have up to one year to settle the matter or file a lawsuit for up to twice the amount of the money your landlord kept."

[Sharmoota]

WTF?? A family of 7 living off of a VA's income? Why must he suffer when he gave so much for his country? What are the ages of the kids and why aren't you working to help out??

Anyway, I'm with the landlord. You have 5 kids and they most likely (1) caused significant damage to the property (2) Pissed off the neighbors (3) the house is not suitable for a large family.

I have a right to be an a$$ because I am dating with no kids and I'm a lawyer. Enjoy life and never get married. You will age less and have more money to do what YOU want!

[Minervah]

The whole thing lies in the proof. You won't win by being emotional and engaging in name calling. If you have proof you did not do the damage you take it to small claims court. He may back down with just a letter from an attorney before it goes that far.

In any case, study the Landlord Tenant Laws, see what law applies and proceed in an appropriate manner. Don't be a crusader trying to "save others from him." He has a right to fight back and you could wind up getting into more trouble than it's worth.

[Olduvai2020]

Originally Posted by Minervah

The whole thing lies in the proof. You won't win by being emotional and engaging in name calling. If you have proof you did not do the damage you take it to small claims court. He may back down with just a letter from an attorney before it goes that far.

Alas, Oregon laws do not provide for attorney representation in small claim court hearings, although one could (and probably should) consult an attorney before filing a small claim court case... It is great that the topic starter has pictures of the place that were taken before moving in, because it is up to the plaintiff to establish by the preponderance of evidence that the place was damaged prior to the beginning of the lease, and that security deposit was withheld illegally by the landlord.

Generally speaking, it is hard to recover security deposit money, unless there is a good documentation, such as pictures and pre-move-in inspection report signed by the landlord and the tenant... landlords tend to be much more knowledeable about landlord-tenant laws than the average tenant, and it can be hard to recoup your money, especially with a dishonest landlord who is willing to lie under oath in court. Note that if you lose your small claim court case, you will be on the hook for the landlord's filing fee (about $75), plus the prevailing party fee ($100). Still, it would be worth a try if the case is strong enough.

[Minervah]

Alas, Oregon laws do not provide for attorney representation in small claim court hearings, although one could (and probably should) consult an attorney before filing a small claim court case...

Yes, I actually meant an "either-or" type of action. But consulting an attorney even regarding small claims court is a good idea. I did that and the attorney wrote a letter telling the landlord of my intentions to file a claim. The landlord gave me back my full refund with an apology stating he made a "mistake" and realized that I had not caused any damage. Maybe I was just lucky but I think the landlord didn't want to get into any legal hassles.

One thing about the pictures, it's a good idea to give them to the landlord when you take them at the time you move in so there can be no doubt that the damage was already there.

[tj7run]

Max, hmmm... seems I've heard that name before having worked in the property management business in Eugene...Unfortunately he has the right to give you notice, and raise the rent...but you have the pics, something most renters do not take the time to do...Can you get legal help through the VA?...Eugene does have some very unethical landlords, but what most do not realize is that renters have rights also....Did you notify him of the leak? Did he do anything about it? If he didn't you may have more of a case than you think...Just because you are a large family, it doesn't mean you will not take care of the property you are living in....The landlord rented to you knowing you had seven in your family, he took advantage of the situation....do what you have to, notify your attorney.