i was served a 72 hr notice on sun. ,3/11 /2012 .my land lord told me on wednesday the 13 he was coming over on sat,3/17/ 2012 at 7 am he called at 5;30 saying he wwas almost here ..i told him he had to wait till 7am.. he said he had someone coming to look at it and he had already started advertizing it.can he come over any hour or can i specify a time ? is he legally allowed to enter by key if we haven't gone to court or i done agree with the time ?And finally ,can he stay as long as he wants?
Some rules that govern disposal of abandoned tenant property can be found at ORS 90.425.
Under ORS 90.322(1), a landlord can enter the dwelling to "exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors." Under ORS 90.322(1)(f), there are two limitations on such an entry:
First, "unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter." It sounds like your landlord actually gave you 3-4 days notice, so this part was not done incorrectly.
Second, "the landlord or landlord’s agent may enter only at reasonable times." 7:00 a.m. might be a little early (it's before business hours), but 5:30 a.m. definitely seems unreasonable.
So where does this leave you? A bit further down in ORS 90.322(1)(f), the statute explains that, "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." As long as you have a legal right to live in the unit, you can assert the right to deny entry at unreasonable times. NOTE: this does not mean you can deny entry in general! ORS 90.322(2) states very clearly that, "a tenant may not unreasonably withhold consent from the landlord to enter." But, if you were to follow the process described above and giving your landlord notice that 5:30 a.m. is not a reasonable time and you would like it to wait until 7:00 a.m. or 8:00 a.m. or something more reasonable. If I were you, I'd put this in writing and keep a record.
Whenever the statute says "actual notice," it means in one of the following ways:
(1) Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device.
(2) Written notice that is personally delivered to the landlord or tenant, left at the landlord’s rental office, sent by facsimile to the landlord’s residence or rental office or to the tenant’s dwelling unit, or attached in a secure manner to the main entrance of the landlord’s residence or tenant’s dwelling unit.
(3) Written notice that is delivered by first class mail to the landlord or tenant. If the notice is mailed, the notice shall be considered served three days after the date the notice was mailed.
(4) Any other method reasonably calculated to achieve actual receipt of notice, as agreed to and described in a written rental agreement.
If your landlord does not listen and enters anyway, the Landlord-Tenant Act provides a remedy of one month's rent for each unlawful entry.
HOWEVER, it sounds from your post like you have other problems to consider. Your 72-hour notice has expired and it does not sound like you have cured the problem by paying rent. You should expect to be served with eviction papers in the near future. Given the situation, it makes sense that your landlord is trying to re-rent the place to another tenant. In fact, the landlord has a duty to try to minimize such losses. If there is a lease, you could end up paying a lease-break fee. You also may end up paying for lost rental value for the time the unit is unoccupied, damages for the rent you owe, and court costs and attorney fees for the eviction.
In reality, not paying rent destroys most claims and defenses under the Landlord-Tenant Act.
The statutes I have been referring to can be found at: http://www.leg.state.or.us/ors/090.html
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.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline