AAA Management refuses to remedy Bees,Wasps and Roaches at Grandview Apartments 90.368 Repair of minor habitability defect off balcony and inside tenants' apartment
Tulelakenews.com Todays News: April 22, 2020
Oregon Landlord Tenant Law TNT Radio with Jim Garland Klamath Falls, Oregon
Gov. Kate Brown signed into law a bill that caps rent increases and bans no-cause evictions for many across Oregon, reshaping the state's housing market for years to come. Eviction rules overhauled
Landlords will be limited to when they can issue eviction notices after the first year of tenancy. The legislation largely does away with no-cause evictions, except during the first year of tenancy. In that first year, landlords have to give 30 days' written notice for eviction. After the first year, landlords can end month-to-month rental agreements with 90 days' notice for a "qualifying landlord reason.
If a landlord ends the rental agreement, they have to outline the "qualifying reason" in the termination notice and give "supporting facts." The landlord also has to pay the renter an amount equaling one month's rent when they deliver the termination notice — again, should they have a qualifying reason.
Penalties for rule-breakers
Landlords who break eviction rules outlined in the law are liable to pay an amount equaling three months' rent, as well as "actual damages sustained by the tenant as a result of the tenancy termination." Tenants are entitled to get that money if they commence an action against the landlord within a year after they "knew or should have known" their landlord broke the rules.
TNT Jim Garland Thursday April 23, 2020 Klamath Falls, Oregon C3
Legal Use of Security Deposit Funds:
Landlords are able to withhold money from the security deposit due to unpaid rent, or to repair damages to the premises caused by the tenant, excluding ordinary wear and tear. A landlord is not required to repair damage prior to withholding the cost of repair, but any labor costs the landlord assesses must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for his or her own cleaning or repair work.
Landlords may deduct for monetary loss caused by an inability to rent the unit during repairs or cleaning as long as the repairs are performed in a timely manner. (Or. Rev. Stat. § 90.300(7)) Failure to Comply with Security Deposit Laws: If a landlord fails to return all or part of the security deposit owed to a tenant, the landlord is required to pay double the amount wrongfully kept. Tenants have up to one year to settle the matter or file a lawsuit. (Or. Rev. Stat. § 90.300 (16))
Additional OR Security Deposit Laws: A landlord must provide a tenant with a receipt for any security deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a))
Late Fees: Landlords are allowed to charge a reasonable flat fee beginning on the 5th day of a delinquent rent payment; OR a daily charge can accrue of no more than 6% of the one-time flat fee; OR a fee of 5% of the monthly rent amount may be charged every 5 days beginning on the 5th day. (Or. Rev. Stat. § 90.260(2))
A landlord must provide written notice of intent to terminate a tenancy with the following notice timelines based on Or. Rev. Stat. § 90.427:
Month-to-month:
During the first year: At least 30 days written notice must be given
After the first year: At least 60 days written notice must be given
TNT Jim Garland Thursday April 23, 2020 Klamath Falls, Oregon C2
TENANT RIGHTS AND REMEDIES90.360 Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally
90.365 Failure of landlord to supply essential services; remedies
90.367 Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice
90.368 Repair of minor habitability defect
90.370 Tenant counterclaims in action by landlord for possession or rent
90.375 Effect of unlawful ouster or exclusion; willful diminution of services
90.380 Effect of rental of dwelling in violation of building or housing codes; remedy
90.385 Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases
90.390 Discrimination against tenant or applicant; tenant defense
(Landlord Rights and Obligations)
90.727 Maintenance of trees in rented spaces
90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition (Tenant Rights and Obligations)
90.750 Right to assemble or canvass in facility; limitations
90.755 Right to speak on political issues; limitations; placement of political signs
90.765 Prohibitions on retaliatory conduct by landlord
Chapter 90 — Residential Landlord and Tenant
Related link: AAA management of the Granview apartments not replacing the old screen that was worn out since 2016.
James C. Garland-a very creative, talented and unknown poor person, but rich with ideas!
321 N 5th Street Apt #15
Klamath Falls, OR 97601
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