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Troy Austin Pickard

Troy Pickard’s Answers

2,604 total


  • Last months rent deposit is less than what current rent amount is are we required to pay the difference ?

    We are vacating

    Troy’s Answer

    A last months' rent deposit does not determine what the last month of rent actually costs. A "last month's rent deposit" could potentially be more than, less than, or exactly equal to the actual last month's rent. In many cases, rent gets raised over the year, but the old last month's rent deposit never changes.

    So say a tenant starts out paying $800.00 / month, and they pay an $800.00 last month's rent deposit. Tenant lives at the home for 5 years, and over time the rent is increased to $1,000.00 per month. When the tenant gives notice to move out, in their last month they will have an $800.00 credit (the last month's rent deposit) - but they will need to pay the $200.00 difference.

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  • How long do I have to file in small claims court after moving out? Its been a year and the real estate wont give us our deposit

    My fiance and I broke up after 4 months of living in this particular house. We were charged a $1500 security deposit and when we got the letter for our deposit, they said we owed! I have before and after pics and they still say no. I also have a p...

    Troy’s Answer

    The statute of limitations for most landlord-tenant actions is one year from when the cause of action first came into existence. You will want to get a confidential consultation with a good Oregon landlord-tenant lawyer before you make any decisions about your case, but don't wait any longer to act - eventually the case will be too old to take action.

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  • I have mold all over a rental, walls, floors, around windows,making us sick, do i have a case?

    It is raining in my bedroom, my son has been sick with breathing/ infection, had surgery. I have been put on a breathing machine sense living here and have been in hospital for asthma and infections?

    Troy’s Answer

    This is serious, and your landlord may owe you a LOT of money. But you need to gather the right sort of evidence to connect the home's water problems with your (and your son's) medical issues. Talk to a good landlord-tenant attorney right away so you can get a good outcome from this situation.

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  • My commercial landlord has accused me of meth use, demanded UA (I said no), and wants me out in 3 weeks. What are my rights?

    I rent a space for work purposes in a warehouse building. I have a past with meth, 14 years ago, and I'm very open and up-front about it. There are occasional parties at the building, and at one such party about a month ago I ran into someone I ...

    Troy’s Answer

    The first place to look for information about your rights is your commercial rental agreement. You should take that document to a qualified attorney to review it with you and discuss your options.

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  • Could I charge my for my own time to clean the house after the tenant?

    I rented a house on the land. I am not a professional Landlord. I have a security deposit from the renter. House needs to be clean and fixed after the Tenant. I could do a lot of things myself. Could I charge for the time I spent cleaning and fix...

    Troy’s Answer

    There's nothing wrong with a landlord charging for the time they spend cleaning up, or repairing, after a tenant moves out. But the hourly rate and the time spent must both be reasonable. Landlords can wind up in trouble if they charge more than a reasonable hourly rate for normal cleaning or repair services.

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  • Can landlord charge excessive move-out charges?

    Lived in a 1 bedroom apartment. Didn't poke any holes in wall, didn't paint, kept carpet clean, kept place clean for 8 months. Known "damages": small patch of carpet was scratched off by pet. My move-out charges: I was charged for, $15...

    Troy’s Answer

    There's no doubt about it - it is illegal for a landlord to charge excessive move-out charges.

    That having been said, the question is: "What counts as excessive?"

    This is a case-by-case determination, but having good evidence from the time of your move-in and your move-out is always helpful.

    However - I noticed one small thing in your message that may help a good attorney wipe out ALL of these charges, and get you your money back (or more!) Get in touch with a good landlord-tenant attorney right away, because if you wait too long, you will lose your right to sue!

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  • Do I need a lawyer?

    being sued by landlord for signing contract to have a tree on property cut down. The tree inn question was a very old large black walnut tree. It had several branches that had already broke off and I felt tree was dangerous. a company stopped and ...

    Troy’s Answer

    • Selected as best answer

    Without a doubt, you need a lawyer. Although what you did may have seemed harmless, or even kind, at the time, your actions may have implicated a number of landlord-tenant and timber trespass laws, and you could now be exposed to liability for several times the cost of the tree, plus the landlord's attorney fees.

    Get yourself a good landlord-tenant lawyer right away. The longer you wait, the worse things are likely to get.

    Troy Pickard
    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, OR 97204
    (503) 592-0606
    www.portlanddefender.com

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  • Old landlord retired new lady takes over trys saying I owe from 2013! If I pay it by 8/11/14 I won't be charged a late fee!

    I have rented from the same landlords going on 9yrs with no problems payed rent if late I payed $50.00 late fee! My landlord decided to retire new lady took her place in the office we get off on the wrong foot! I was 7 days late on my rent for t...

    Troy’s Answer

    There is nothing wrong with your landlord giving you a 72-hour notice if you are 7 days late. I assume "7 days late" means that it's at least the 8th day of the month, in which case what your landlord did was fine.

    The landlord may, or may not, be able to charge you a late fee for an occasion when you paid late in 2013 - my first question would be whether it had been more, or less, than one year since the alleged late charge was owed. Landlord-tenant claims usually lapse after a year, so if more than a year has passed, your landlord may be out of luck on that fee.

    Troy Pickard
    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, OR 97204
    (503) 592-0606

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  • If you have been given a 60 day eviction notice, can the owner/landlord issue you a separate 72 hour notice?

    We were on a month to month agreement with our landlord of over a year and a half when we are informed by a 3rd party that the current landlord was selling the duplex we live in 2 her son. After several days of trying to contact her, we finally go...

    Troy’s Answer

    Absolutely - if a landlord gives a 60-day notice of termination without stated cause, that has no effect on the landlord's ability to also issue a 72-hour notice of termination for non-payment of rent. Even after the landlord has issued a 60-day notice of termination, the tenant still has to pay rent.

    Troy Pickard
    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, OR 97204
    (503) 592-0606

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  • My tenant didn't inform me of a leaking pipe under her sink which buckled the wood floor severely.

    The drain was tampered with which she claims she didn't do, and mold was apparent under the sink. The repairs and floor will be costly. Is this considered damage to the apartment and can I make her pay?

    Troy’s Answer

    If a tenant causes damage to a home beyond normal wear and tear, the tenant owes to the landlord the cost of the repairs. If a tenant refuses to pay, the landlord could take the tenant to court and seek a judgment.

    Even if a tenant didn't cause damage, any good rental agreement will require a tenant to report damage that they observe. A problem that goes unreported can become much worse, and even if a tenant did not cause the original damage, they may become liable to the landlord if the progressive damage could have been stopped by the tenant fails to report it.

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