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I am a tenant and going to deny entry per OREGON 90.322 Title 10 Chapter 90 – Residential Landlord

Portland, OR |
Filed under: Landlord-tenant law

What can lanloord do in Oregon if I deny entry into place 90.322 Title 10 Chapter 90 – Residential Landlord and Tenant
The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter.

The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord’s agent to enter.

I gave a notice to move this month they refused it saying I was good tenant stay then a week later start to bring strangers to my home to list on market and take p

Attorney Answers 3

  1. Under the statute you looked at, ORS 90.322(1), your landlord may "may enter into the dwelling unit or any portion of the premises under the tenant’s exclusive control in order to exhibit the dwelling unit to prospective or actual tenants." You've given notice of your intent to move, so it makes a certain amount of sense that they would want to show the place.

    Such entry also must be preceded by 24-hours notice and must be at a reasonable time (meaning it does not conflict with your reasonable and specific plans to use the premises).

    You are correct that the statute allows you to deny entry in the manner you noted. However, the statute also says: "A tenant may not unreasonably withhold consent from the landlord to enter." Section 322(7) goes on to explain that, " If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement and take addition, the landlord may recover actual damages."

    So, here's my take on the matter. You've got to decide if this is really worth the potential fight. Your right to deny access has to be reasonable. Based on what you wrote, I'm not certain that it is.

    My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.

  2. An additional thought: You said you gave notice "to move this month" and the landlord "refused" it. A landlord cannot refuse a notice, but I wonder if it was given in the proper manner and sufficiently in advance of the move-out date. The landlord could take the position that the notice was not vaiid if not given properly, and in that case you would continue to be liable for rent after moving out, until the landlord can find another tenant.

    This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.

  3. If a tenant denies a landlord's entry, the landlord can sue the tenant. The court will decide whether the tenant had the right to deny the entry.

    If the court rules in favor of the landlord, the tenant could be forced to pay a variety of expenses, including possibly the landlord's attorney's fees. This could be thousands of dollars. So, no tenant should refuse a landlord's access without first speaking with an attorney!

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