From: a0cb@rigel.cs.pdx.edu (Chris Bertholf)
Newsgroups: misc.legal
Subject: Re: OREGON renters rights question
Date: 6 Jan 93 17:34:49 GMT
Article-I.D.: pdxgate.6659

allen@tessi.com (Allen Warren) writes:

	"He moved to the state ...  They filed an application
	for an apartment and were accepted, whereby they signed a 6-month lease
	and moved in on August 1.  David has been paying rent faithfully ...
	good standing, with absolutely no reports made against him ..."

	"One week ago, his girlfriend moved out with their daughter.  In the
	process of leaving, the girlfriend's mother spoke with the complex
	manager for about 1-2 hours.  The day after the move, David spoke with
	the complex manager and was informed that his lease would not be
	renewed come February 1, when his original 6-month lease would expire."

They will have to inform him in writing, 30 days prior to the end of the
lease, that he must move out.  If not, the Oregon Renters Act specifies
that the tennancy will be continued on a month-to-month basis, until one
of the parties to the lease informs the other, in writing, of the intent
to terminate the rental agreement.  Such notification must be made 30 days
prior to the termination of the rental agreement.

	"Additionally, the complex manager informed David that he (the 
	manager) would not give a desirable referral should another rental
	agency inquire if David applied"

Unless the manager has a valid reason (such as non-payment of rent,
vandalous actions of the tennant, etc.) he/she cannot make any
disparaging comment about the tennant in any referral without being
liable for it (as I understand the law).  If the tennant has done
something wrong outside the confines of the landlord-tennant relationship,
the landlord cannot 'offer up' that information, but can respond to direct
questions (again, as I understand the law).

	"anywhere for another rental unit.  Additionally, management informed
	David that he must pay the rent for the month of January on time OR,
	he could move out immediately and he (supposedly) would be relieved
	of his rental obligation."

He must always pay on time, within the confines of the agreement, or pay
any late charges that acrue due to his late payment.  Only if both parties
agree can the lease be disolved without further obligation on the tannants
part, unless the tennant breaks some provision of the lease, in which
case it can usually be terminated by the landlord, possibly with some 
financial consequence to your friend.

	"One more item . . . management stated that for the month of
	January, David could NOT allow another person to rent out one
	of the two bedrooms in the unit."

This is probably accurate, since the standard lease forms used here (usually
from Stevens and Ness Legal Publishing) specify the the lease may not be
transferred to another party without the written consent of the landlord,
and that the tannant may not sublease all or a any portion of the property.

	"Management would not give any reasons for the above
	actions and David, needless to say, is in a very difficult situation,
	compounded by the fact that his (probably) ex-girlfriend also managed
	to clean out their joint bank account without his knowledge."

He may have some recourse here.

"I informed David that he should do the following:
 1.  Find his copy of the lease agreement and READ it, or gain free legal
	advice and have a lawyer read it."

Smart recommendation

"2.  Contact the Renter's Association of Oregon and speak with them about the
	whole matter, including whatever wording in the agreement might be
	in violation."

Another smart recommendation.

"3.  Find out all the information he can and THEN go back to the rental office
	armed to the teeth with facts IF he wants to fight them."

Sounds like a good approach to me.  Oregon has really fair renters laws.
Good luck to your friend.

These opinions are mine, not my employers.  This is not legal advice. :-)
Newsgroups: misc.legal