Questions Answered by Troy Pickard - Justia Legal Answers

• 12 February 2013Q: How much late charges may a landlord charge
  A: The rules on landlord late charges are at ORS 90.260. The late fee cannot be more than: (a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market; OR (b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; OR (c) 5% of your monthly rent, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.
• 12 February 2013Q: Can a landlord go after you for damages after the fact of the deposit being returned?
  A: Yes. If your landlord returns your entire deposit, this has no effect on whether your landlord can go after you for damages to the home. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: I put down a security deposit when I moved in which I was told was last month rent. Now he wants to kick me out. Can he?
  A: The question of whether your landlord can kick you out is complicated and has nothing to do with whether you have paid a security deposit or last months rent deposit. Call an Oregon landlord-tenant lawyer if you want more information. Try Portland Defender at www.portlanddefender.com Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: I have a bad tenant, can I terminate a one year lease early?
  A: A landlord can terminate a one-year lease early in certain circumstances. The two most-common circumstances would be when a tenant can't pay their rent on time, and when a tenant is committing criminal acts in the home or damaging the home. No landlord should attempt to terminate a rental agreement without a lawyer's help - if the landlord screws it up, they can wind up owing the tenant a lot of money. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: Im on a year lease can my landlord give me a 30day no cause notice ive almost lived here a month
  A: Landlords can only give their tenants a 30-day no-cause notice of termination if the tenant is on a month-to-month lease. If you are on a one-year lease, the landlord cannot do this. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: Former landlord won't return sec.deposit and has health hazard codes in more then one rental they own ,but more importa
  A: If your landlord is stealing your deposit, hire an attorney to get it back. Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: Can a landlord in Oregon evict a tenant if they refuse to follow house rules that are not legal?
  A: Most landlord-tenant relationships in Oregon are governed by the Oregon Residential Landlord-Tenant Act. However, there are a few exceptions. One exception is occupancy at an institution, public or private, if incidental to the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing. Another exception is occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization. If your tenancy falls under either of those two categories, you may not be entitled to the regular landlord-tenant rules and protections. You should consult a landlord-tenant attorney before you can know for sure. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: What can be done when a defendent has dementia, irreversible and untreatable whose attorney is pressuring to take a plea
  A: You should probably trust your attorney. But, if you are convinced that your attorney is wrong to not consider some sort of diminished capacity defense or the fact that the defendant is unable to understand the proceedings, you should think about hiring another attorney and mental health practitioner to evaluate this. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
• 12 February 2013Q: If I get caught carrying a pocket knife under six inches without a carry permit what would happen? I am 20 years old.
  A: It is not a crime in Oregon to carry an ordinary pocket knife under 6 inches without a permit. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com