Just because landlord-tenant law is state-specific and local law for most of us mere mortals doesn’t mean there aren’t some excellent treatises and resources on the subject for those times we need to read about multi-state landlord-tenant practices and policies. If that is where your research is taking you, mosey over to the LLLoC blog post:
ABA Journal News posted this story from California: “Airbnb guest won’t leave, forcing condo owner to begin eviction proceedings” Don’t forget to read all the Comments. Legal remedies will vary from state to state. Please check with a lawyer before becoming a landlord or “hotelier” or “BnB-er” – and especially when “just” renting out to a relative (in-law or otherwise).
The news that AirBnB plans to set up shop (NA headquarters?) in Portland, Oregon (and that cheers have gone up from people who previously had been wringing their hands about AirBnB) has us scratching our heads. Not that we don’t adore living in Portland, cheer on small businesses, embrace bartering, face the challenge of making ends meet, and all that, but ….
Portland, and lots of other cities, have been wrestling, quite publicly, with the AirBnB business model, which puts customer convenience and cost priorities at odds with local safety and zoning priorities, not to mention tax revenues from locally licensed hotels and traditional B&Bs.
We might blog more about this topic, or we might not since it’s clear there is no shortage of news, hand-wringing, and economic analysis in print and cyberspace on the subject, but I did just see this article at the ABA website. So, if you’ve missed out on the conversation – or are wondering when it’s time for the lawyers and politicians (and lobbyists) to start their engines, take a moment to read:
Oregon Landlord-Tenant Law is a lot more complicated than people imagine. Landlords and tenants should seek current and accurate legal information and, in most cases, get professional legal advice from a licensed Oregon attorney who specializes in landlord-tenant law.
Everyone should do this BEFORE trouble strikes.
It’s a lot more expensive to fix a legal problem than it is to prevent one -just ask any landlord-tenant attorney – or any landlord or tenant who thought leases, evictions, and escrow accounts were subject to Common Sense Rules or the If it’s Online it Must Be OK “Rule” instead of the You Have to Research the Actual Law Rule. That person is now paying a lawyer lots of money to fix a problem that might have been avoided – or gnashing teeth over the Unjustness of the World. (Yes, life is sometimes unfair in your favor, but seldom when it comes to landlord-tenant law.)
Landlords, and others subject to the Oregon Landlord-Tenant Act, should consult or retain an Oregon attorney for advice on abandoned property, probate, guardianship or conservatorship, and other legal issues that may arise when a tenant dies.
1) Read the Oregon Revised Statutes (ORS) sections on abandoned tenant property, notification of authorities and family, etc. (E.g. Sample index terms: “Landlord and Tenant”, “Dead Bodies”, and “Death”). (Make sure you also check for laws enacted since the last ORS compilation.)
If you have a fixed-term lease and are wondering if you have to give notice to your landlord that you will move out at the end of the lease term, the most important resource available to you likely is the lease itself. The Oregon Residential Landlord Tenant Act spells out notice requirements for month-to-month leases and has information on fixed-term leases turning into month-to-month tenancies, but may not be as clear about termination notice requirements for fixed-term leases. So, take a good look at your lease; the information you need will likely be included there.
The Fair Housing Council of Oregon has a neat, interactive sample Metro Multifamily Rental Agreement with tips and explanations for different parts of the lease: http://www.fhco.org/rent_agmt.htm. Oregonlawhelp.org has information on moving out, as does the Oregon State Bar’s public information site. The Oregon Legal Research website has a run-down of landlord-tenant resources, including tenant hotlines that may be helpful with this topic. For more landlord tenant law resources, click on the subject tag at the bottom of this post to see applicable blog posts.
There is also a Manufactured Housing / Oregon State Tenants Association (MH/OSTA), also with loads of useful information. Double-wowsers!
Mobile home park disputes can also involve contract, criminal, public and personal records, estate, contractor, land use, local, and many other Oregon legal subjects.
We came across another useful legal research resource for those frequently asked couch-potato questions:
* Can I throw my brother-in-law out of my apartment?
* My sister tells me that under the 3-days-on-the-couch rule, she’s now a tenant and I can’t throw her sorry self out and change the locks.