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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 |

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

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Attorney answers 3

Posted

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 possession...in 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.

Asker

Posted

Also in Oregon the LL may add to the Credit reporting agencies your actions.. as failure to allow access.. However if the LL seaks releif.. and wins.. and they will as there is no affrimative defense to this.. you now have a judgement on your record

Asker

Posted

they have broken so many laws that protect me for 6 months now, they come over almost daily to tell me something with no previous notice they have pictures of unit they could show and do not need another real estate person in to take a look and take pictures of my personal items in house, my lease does not say I have to allow pictures just let them in. EVERY DAY? I have not had one day in 6 months except when they were on vacation for a week they were not in my yard or at my door....

Asker

Posted

I already gave notice to move they refused it, so I was packing with boxes and stuff all over this 400 sw ft studio apt. It is not ok for people to maneuver thru it

Orion Jacob Nessly

Orion Jacob Nessly

Posted

I'm not making any argument that the landlord is right. Instead, I just want to warn you of what could happen so that you can make well-informed decisions. If your landlord is making unlawful entries, I would advise you to read ORS 90.322(8) which provides that: "If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week’s rent in the case of a week-to-week tenancy or one month’s rent in all other cases." You should get proof that you can use later on if necessary (pictures, witnesses, something like that). Also, you should give your landlord a written, signed, dated letter (and keep a copy for yourself), stating the concerns you just wrote down. Despite this, I do stand by my original advise. It sounds like your landlord is violating Oregon's Landlord Tenant Act, but that does not mean that you should as well. Good luck with all of this and I hope these answers have helped you.

Asker

Posted

This is horrid, I told them before I moved in if they decided to sell the place I would not want anyone in my apt ( esp taking pictures) they told me not to worry. ( of course not in writing. I told her if and when they had a serious buyer I would at that time, if still there, let that buyer in. So how does my privacy get protected from noisy landlords who don't respect a tenants right to privacy. You said they can get a judgement against me i think other landlords would understand a bad apple, I have plenty of earlier landlords who gave me a wonderful reference. I am so tired of this, why can't they wait until I move? three weeks for real estate agent to come in? I already gave a notice which they refused.

Asker

Posted

thank you for your answers and time. I just don't understand how I am not protected from things like this

Asker

Posted

this is how I decided to handle this: August 17th 2011 Debbie, I have protested intrusion of my privacy from the beginning ( before I moved in I told you I wanted no one in my place while I lived here if you sold) your response was it has been on the market since 2005 and no interest so I don't think you will have to worry... I could deny your and your agents access under 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. But I am trying to work with you, yet you do not seem to care about my wishes or privacy as you are in the yard daily, or directly outside of my apartment. I have had NO privacy since my move in, nor do you follow proper laws in notifying me of your being at the apartment. So all further communications need to be in writing, per the law. ( not sent to me or posted during my vacation when you know I will be gone.) I may be asked to allow your agents in BUT I DO NOT HAVE TO ALLOW PICTURES. THERE HAVE BEEN NO REMODELS DONE. SO NO PICTURES OR CAMERAS WILL BE ALLOWED. Now or while I am on vacation Or renting or living in apartment. YOU MAY TAKE IN SEPT WHEN I AM MOVED OUT. (alarm will be set as it always is when I am gone for extended times, this includes security camera.). Any pictures will be a breach of my privacy and will be prosecuted under : To do so would violate my privacy rights: American Law Institute: "One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that: (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public. ( my personal things are not a concern to the public) NO ONE IS TO ENTER MY APT WHILE I AM NOT HOME, NOR ANY PICTURES TAKEN. PERIOD! YOU MAY TAKE ALL the PICTURES YOU WANT IN SEPT WHEN I AM GONE AND THE PLACE IS EMPTY AND CLEAN. To do so would also violate the above privacy rights. I also do not understand since you have already received my notice to move in Sept. WHY don't you just wait until I am gone to do this. You are aware I am packing and there are boxes and stuff all over, the place is difficult to get around in because of this. I told you this is NOT a good time to have people come in, yet you continue with this. You already have pictures that you used in the ad to rent, Show those, also your appraiser took some more, show those. I also formally request to see the pictures the appraiser took as he assured me he would take them high to respect my privacy.. I wish to make sure that was done. NO ADDITIONAL PICTURES ARE TO BE TAKEN. YOU HAVE ENOUGH. Attached original letter to vacate premises. Cc: real estate agent. Hand delivered at door to my apartment. Aug 18th, 2011.

Asker

Posted

this is how I am going to handle this: August 17th 2011 Debbie, I have protested intrusion of my privacy from the beginning ( before I moved in I told you I wanted no one in my place while I lived here if you sold) your response was it has been on the market since 2005 and no interest so I don't think you will have to worry... I could deny your and your agents access under 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. But I am trying to work with you, yet you do not seem to care about my wishes or privacy as you are in the yard daily, or directly outside of my apartment. I have had NO privacy since my move in, nor do you follow proper laws in notifying me of your being at the apartment. So all further communications need to be in writing, per the law. ( not sent to me or posted during my vacation when you know I will be gone.) I may be asked to allow your agents in BUT I DO NOT HAVE TO ALLOW PICTURES. THERE HAVE BEEN NO REMODELS DONE. SO NO PICTURES OR CAMERAS WILL BE ALLOWED. Now or while I am on vacation Or renting or living in apartment. YOU MAY TAKE IN SEPT WHEN I AM MOVED OUT. (alarm will be set as it always is when I am gone for extended times, this includes security camera.). Any pictures will be a breach of my privacy and will be prosecuted under : To do so would violate my privacy rights: American Law Institute: "One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that: (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public. ( my personal things are not a concern to the public) NO ONE IS TO ENTER MY APT WHILE I AM NOT HOME, NOR ANY PICTURES TAKEN. PERIOD! YOU MAY TAKE ALL the PICTURES YOU WANT IN SEPT WHEN I AM GONE AND THE PLACE IS EMPTY AND CLEAN. To do so would also violate the above privacy rights. I also do not understand since you have already received my notice to move in Sept. WHY don't you just wait until I am gone to do this. You are aware I am packing and there are boxes and stuff all over, the place is difficult to get around in because of this. I told you this is NOT a good time to have people come in, yet you continue with this. You already have pictures that you used in the ad to rent, Show those, also your appraiser took some more, show those. I also formally request to see the pictures the appraiser took as he assured me he would take them high to respect my privacy.. I wish to make sure that was done. NO ADDITIONAL PICTURES ARE TO BE TAKEN. YOU HAVE ENOUGH. Attached original letter to vacate premises. Cc: real estate agent. Hand delivered at door to my apartment. Aug 18th, 2011.

Posted

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.

Asker

Posted

They were given a 30 day notice of intent to vacate. Hand delivered. next day she showed up and said no, you are a good tenant we don't want you to move, next week appraiser showed follow week realtor.... I have submitted another one 30 days again this time sent by certificate of mailing to show mailed ...... Now I will owe for additional days past rent time ( other notice would have been square) but they will get that dated today, received tomorrow and I also and hand delivering to both agent and landlord when they show today

Asker

Posted

I am on a month to month with a 30 day notice from either party to vacate

Posted

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!

Asker

Posted

Does a tenant have NO privacy rights? she has been caught going through my personal belongings in the garage, comes over with no notice daily, has twice given me notice someone would be coming, I took time off work ,they did not show nor did I get a call they were not coming... how much is enough?

Troy Austin Pickard

Troy Austin Pickard

Posted

A landlord cannot go through your personal belongings in the garage, and you can sue a landlord for doing that. A landlord cannot come over daily without giving any notice, and you can sue a landlord for each time they do this.

Asker

Posted

I am aware of this, however I gave my notice, they refused it saying they did not want me to move, then next day informed my they were listing it on the market and appraiser and real estate would be coming in, I am packing boxes all over. I also told them months ago I will be gone for the next two weeks, and they dump this on me. I don't want her in as she has already showed complete disgregard for the law and my belongings. What is to stop her while I am away? I should be able to protect my home, not not protect and then sue....

Asker

Posted

Oh I have given another notice sent certificate of mailing this time so they can not refuse and asked them to please wait unitl I am out to show.... ( they do have pics of the inside so really no reason not to wait)

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