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We Represent Landlords Only
We Handle all types of oregon landlord tenant issues including:
 Nonpayment of Rent Evictions |
Fair Housing claims |
| No Stated Cause Evictions |
Foreclosure evictions |
| For Cause Evictions |
Americans with Disabilities Act claims |
| Section 8 Evictions |
Manufactured Home Park Evictions |
| Habitability claims |
Floating Home Park Evictions |
| Discrimination claims |
Commercial properties |
We have been representing Oregon landlords since 1989. Our clients range from landlords who have one rental unit to clients that own or manage thousands of
rental units.
We are happy to do as much or as little as you want on a matter. Each client has different needs and we have the flexibility to work with you, as your needs require. We can help you avoid litigation. We can advise you on tenant screening issues so that you can avoid renting to bad tenants. We can help you prepare good notices and can advise you how to serve those notices correctly. We can advise you as to when to serve a notice to get the best result. We represent Oregon landlords at first appearances in the event an eviction is filed and go to trial, if no settlement is reached.
In the event we cannot resolve your problem short of litigation, we are experienced litigators and have successfully evicted many hundreds of tenants. We have won numerous cases at trial and on appeal. We have won cases against even the best tenant attorneys. We can help you evict bad tenants. We understand the adversity faced by Oregon landlords in a difficult tenant market. We will try to minimize the cost to you of expensive trials but are not afraid to go to trial if that is what you choose to do. Because our practice focuses on Landlord Tenant litigation, representing Landlords only, we do not waste time doing unnecessary research. Our clients find that our billings are fair and that we effectively work to achieve a good result for our clients. That is why most of clients come from referrals and our clients come back to us year after year.
Flat Rate Evictions
For evictions in Clackamas County, Columbia County, Multnomah County and Washington County, we will review your notice,
file your eviction action and attend the First Appearance for a flat rate of $200, plus court costs.
There will be additional charges if we do additional work for you.
Oregon Landlord Law
Frequently Asked Questions
General Questions
Q. Why should I get an attorney when this will cost me money?
Q. How much will my tenant recover if they get a judgment against me?
Q. Will my tenant get an attorney?
Q. Are there other costs that I will be required to pay the tenant in addition to attorney fees?
Q. This isn’t fair! Is my tenant obligated to pay my fees if they lose?
Q. Will you represent me on a contingent fee, like the tenant attorneys do?
Notices
30-Day Notices
Q. When can I serve a 30-day notice?
Q. Can I serve a 30-day no stated cause notice if I have a lease agreement with my tenant?
Nonpayment of Rent Notices
Q. What is the earliest date that I may serve a 72-hour nonpayment of rent eviction notice?
Q. Can I demand payment of a late fee in a nonpayment of rent notice?
Q. Can I accept a partial rent payment and still give a nonpayment of rent notice?
Habitability
Q. Can I require my residential tenant to do repairs?
Q. Can I refuse to do repairs if my tenant is behind in his/her rent?
Q. What do I do if my tenant is complaining about needed repairs and withholding rent?
24 Hour Notices for Outrageous Conduct
Q. Can I give a 24-hour notice for outrageous conduct to a tenant for possessing a controlled substance?
Service of Eviction Notices
Q. How can I serve an eviction notice?
Q. Can I serve an eviction notice by just posting it to the tenant’s door?
Service of Notices By Mail
Q. May I serve a notice by certified or registered mail?
Actual Notice
Q. What do I need to do to enter my rental unit?
Q. May I enter my rental unit without notice if I have served my tenant with an eviction notice that has already terminated?
Q. What happens if my tenant refuses to let me in?
Q. What is the tenant’s remedy if I entered the rental unit unlawfully?
Occupancy Limits
Q. Can I limit the number of people who plan to live in the rental unit?
Section 8 and Subsidized Tenants
Q. May I refuse to rent to section 8 tenants?
FED’s
Q. Can I lock out my tenant if he fails to pay rent?
Q. Should I file in Justice Court?
Q. Can I file an eviction action myself?
Q. What happens if I file on a defective notice?
Q. What happens after I file the eviction action?
Q. Are settlement agreements reached at the time of the First Appearance binding on the tenant?
Q. What happens if the tenant does not comply with the settlement agreement?
Q. What happens if I cannot reach a settlement agreement with my tenant?
Q. Is the tenant entitled to a Jury Trial in an eviction trial?
Q. How long does it generally take to get possession once I file an eviction action?
Abandoned Property
Q. Can I throw out the stuff the tenant leaves behind?
Small Claims
Q. How do I recover the money a current or former tenant owes me for rent, late fees or other damages?
Q. Are attorney allowed in small claims court?
Q. Is there any limit to the amount of money I am allowed to seek in small claims court?
Q. Can I bring a small claim action against a current tenant?
Q. How do I get paid on a judgment against the tenant?
Q. Is it always the best course to sue my current or former tenant if they owe me money?
Q. Can the tenant request a jury trial or remove the case from small claims court?
Q. What are the current fees to file a small claim in Multnomah County?
Q. What are the filing fees to bring an action for damages against my tenant in Circuit Court?
Q. Are filing fees the same throughout Oregon?
Q. Are there other steps I must take to enforce the judgment?
Our Practice
Q. What parts of Oregon do you handle cases in?
How You Can Retain Us
Q. Do you charge a retainer fee?
Q. I do not like to come into downtown Portland; can I retain you without traveling downtown?
Q. What are the hourly rates of Hummel & Barnhouse, and Lizbeth Leathers-German?
Our Affiliations
General Questions
The following information is provided to answer some general questions about Landlord/Tenant matters. It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case. Please feel free to call us if you have any questions.
Q. Why should I get an attorney when this will cost me money?
A. Because if your tenant has an attorney and you have made even one error in your notice or how you filed your notice, your tenant will be entitled to a judgment against you for attorney fees, court costs and a prevailing party fee.
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Q.
How much will my tenant recover if they get a judgment against me?
A. We have seen judgments against unrepresented landlords range from $400 - $4,000. This is why we advise you to get representation as early as possible. The adage that an ounce of prevention is worth a pound of cure really applies in this situation. We have seen hundreds of instances in which a half hour consultation will keep a landlord from filing an eviction on a bad notice.
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Q. Will my tenant get an attorney?
A. There are a number of tenant attorneys who will represent the tenant for free!
Moreover, some of these attorneys will directly solicit your tenants once you file an eviction action.
They actually go to the courthouse and get the names of all tenants in the Portland metropolitan area against
whom eviction actions have been filed. They will send letters telling tenants that they can obtain free representation to
win the eviction. Tenants perceive that they have nothing to lose and so are overjoyed at the prospect of beating the “mean landlord” at little or no cost to them. These attorneys depend on Oregon landlords making mistakes and prey on
unrepresented landlords. If they can show that you prepared a bad notice, served it wrong, filed on it wrong, etcetera,
they will win and you will be obligated to pay their attorney fees! This is why we recommend that you obtain legal advice,
at the very least, before filing the eviction action.
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Q. Are there other costs that I will be required to pay the tenant in addition to attorney fees?
A. Adding insult to injury, you will also be assessed the tenant’s filing fee, in Multnomah County this is $108, plus a prevailing party fee which will run from $85 - $250.
Moreover, if the court finds that the landlord acted egregiously or in bad faith, the court is empowered to award an enhanced prevailing party fee of up to $5,000!
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Q. This isn’t fair! Is my tenant obligated to pay my fees if they lose?
A. Technically, yes. However, most tenants don’t have the ability to pay any judgment you may get against them.
You, on the other hand, have assets. If nothing else, you have the rental property. The tenant’s attorney has the power
to garnish your rental accounts and/or your rental income to pay any judgment against you. So, one way or the other, you
will ultimately pay the tenant.
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Q. Will you represent me on a contingent fee, like the tenant attorneys do?
A. No. For the reasons mentioned above.
We cannot afford to work for free. If we get a judgment against the tenant,
you will be entitled to any money actually collected from your tenant.
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Notices
The following information is provided to answer some general questions about eviction notices. It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case. Please feel free to call us if you have any questions.
30-Day Notices
Q. When can I serve a 30-day notice?
A. You can serve a 30-day no stated cause notice for any legitimate reason, as long as you are not “discriminating”
against a tenant who is a member of a protected class or “retaliating” against a tenant. Retaliation often comes up in
cases in which a tenant has complained about repairs. One other requirement is that you must act in good faith when
exercising any of your rights under the Oregon Landlord Tenant Act.
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Q. Can I serve a 30-day no stated cause notice if I have a lease agreement with my tenant?
A. You may not serve a 30-day no stated cause notice during the lease term.
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Nonpayment of Rent Notices
Q. What is the earliest date that I may serve a 72-hour nonpayment of rent eviction notice?
A. You may serve a nonpayment of rent notice no earlier than the 8th day of the rental period. If your rent is due on the 1st, you may serve it on the 8th.
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Q. Can I demand payment of a late fee in a nonpayment of rent notice?
A. No. The nonpayment of rent notice may not require your tenant to pay a late fee in order to avoid eviction.
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Q. Can I accept a partial rent payment and still give a nonpayment of rent notice?
A. In most cases, no.
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Habitability
Q. Can I require my residential tenant to do repairs?
A. No.
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Q. Can I refuse to do repairs if my tenant is behind in his/her rent?
A. No.
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Q. What do I do if my tenant is complaining about needed repairs and withholding rent?
A. Get immediate legal advice before doing anything. Your tenant may be setting you up.
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24 Hour Notices for Outrageous Conduct
Q. Can I give a 24-hour notice for outrageous conduct to a tenant for possessing a controlled substance?
A. No. Most landlords want to give 24-hour notices to tenants more frequently than is allowed by law.
These notices are disfavored by the courts and may be given only in the most outrageous of circumstances.
These include, but aren’t limited to, the following violations that occur on or near the premises:
- Prostitution on the premises;
- Manufacture of a controlled substance;
- Delivery of a controlled substance;
- Burglary;
- Racial intimidation;
- Causing serious personal injury to another tenant; and
- Serious threats to immediately cause serious injury to another tenant.
- Any other act which is outrageous in the extreme.
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Service of Eviction Notices
The following information is provided to answer some general questions about service of eviction notices.
It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case.
Please feel free to call us if you have any questions.
Q. How can I serve an eviction notice?
A. You may serve any eviction notice in one of two ways*. First, you may personally hand the notice to an adult
tenant who signed the rental agreement. Second, you may mail the notice to your tenants at the rental unit by regular
First Class Mail.
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Q. Can I serve an eviction notice by just posting it to the tenant’s door?
A. No. Posting alone is never good service for an eviction notice.
However, you may have the right to serve an eviction notice by “post and mail”.
Your rental agreement must do all of the following in order to give you this right:
- It must give your tenant the right to serve you by posting and mailing notices;
- It must give your tenant a physical location (not a post office box) at which the tenant can physically attach a notice addressed to you.
- That location must be available to the tenant 24 hours a day. In other words, it cannot be in a locked or secure building or in a post office.
- That location must be reasonably located in relation to the tenant. For example, it cannot be in Salem if the tenant is in Portland.
- You must also specify in the rental agreement where the tenant is to mail the notice.
This can be the same or a different location than the address to which the tenant may attach the notice to you.
*
Different rules apply to tenants in federally subsidized projects or who receive Section 8 certificates.
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Service of Notices By Mail
The following information is provided to answer some general questions
about service of eviction notices by mail. It is not intended to constitute legal advice or to replace the advice
that we would give you in a particular case. Please feel free to call us if you have any questions.
Q. May I serve a notice by certified or registered mail?
A. No. The Oregon Landlord Tenant Act prohibits you from serving eviction notices by certified or registered mail.
Pursuant to the Oregon Landlord Tenant Act, you may use regular first class mail only. If you want a record of having mailed the notice to your tenant,
you may obtain a Certificate of Mailing. This is merely a receipt, which comes with a postmark, which presently costs $1.05, and shows that you
mailed something to your tenant on a certain date. The tenant is not required to sign for the envelope.
The caution here is that if you have a rental agreement that requires service by certified or registered mail,
you must do that type of service in addition to service by regular first class mail.
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Actual Notice
The following information is provided to answer some general questions about giving “actual notice.” It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case. Please
feel free to call us if you have any questions.
Q. What do I need to do to enter my rental unit?
A. In most cases, you must give your tenant 24 hours actual notice to enter the dwelling.
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Q. May I enter my rental unit without notice if I have served my tenant with an eviction notice that has already terminated?
A. No, you must still give the tenant 24 hours actual notice.
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Q. What happens if my tenant refuses to let me in?
A. You may not enter, without a court order, if your tenant denies you access.
However, in some circumstances, you may be able to terminate the tenant’s tenancy.
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Q. What is the tenant’s remedy if I entered the rental unit unlawfully?
A. The tenant may recover up to one month’s rent for each unlawful entry.
Giving “actual notice” is different than service of an eviction notice. The requirements for actual notice are much less stringent.
- You may attach a written notice to your tenant’s door at least 24 hours before the time at which you plan to enter.
There is no requirement that you also mail a copy of the notice to the tenant;
- You may leave a message on your tenant’s home answering machine at least 24 hours before the time at which you plan to enter;
- You may fax a notice to your tenant’s rental unit at least 24 hours before you plan to enter;
- You may serve a notice by first class mail. However, if you do this, you must add 4 days including the date of mailing to the 24 hour notice period; or
- You may obtain permission from your tenant to enter.
It is always best to give these notices in writing so that you have documentation that you gave 24 hours actual notice to your tenant.
Moreover, you should document when you served the notice.
[back to question index]Occupancy Limits
The following information is provided to answer some general questions about occupancy limits. It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case. Please feel free to call us if you have any questions.
Q. Can I limit the number of people who plan to live in the rental unit?
A. Yes, you are, in most cases, allowed to limit the occupancy to 2 people per bedroom. However, your occupancy limit must also be reasonable.
Reasonableness is determined on a case by case basis considering the size of the bedrooms, the overall size of the unit and any discriminatory
impact on protected classes.
There are other restrictions that apply and on which we can advise you.
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Section 8 and Subsidized Tenants
The following information is provided to answer some general questions about renting to section
8 and subsidized tenants. It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case.
Please feel free to call us if you have any questions.
Q. May I refuse to rent to section 8 tenants?
A. Yes. Although you are not allowed to discriminate against applicants on the basis of the source of their income,
there is an exception for section 8 recipients. This is because renting to a section 8 applicant would require you
to accept the regulatory requirements of the section 8 program. However, you may not discriminate against someone if
they receive their income from legal means outside of employment, i.e. welfare.
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FED’s
The following information is provided to answer some general questions about FED actions. It is not intended to constitute
legal advice or to replace the advice that we would give you in a particular case. Please feel free to call us if you have any questions.
Q. Can I lock out my tenant if he fails to pay rent?
A. No. You must use the FED process to recover possession of your rental unit.
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Q. Should I file in Justice Court?
A. Although the fees to file in Justice Court are generally less, the tenant has the right to a new trial,
if s/he does not like the result obtained in Justice Court. Thus, it can be very expensive in the long run for an Oregon
landlord to file in Justice Court.
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Q. Can I file an eviction action myself?
A. Yes, although it is best to get legal advice to review the adequacy of your notice before you file the eviction.
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Q. What happens if I file on a defective notice?
A. Your tenant will have the right to get a judgment against you for his/her attorney fees incurred in proving that your notice was defective.
Moreover, if you file on a defective notice, your tenant will be allowed to stay in the dwelling.
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Q. What happens after I file the eviction action?
A. The court will set a First Appearance that will generally be held 8 judicial days later. In Clackamas, Columbia, Multnomah and Washington Counties,
we charge a Flat Rate of $200, plus court costs for reviewing your notice, filing the FED and attending the First Appearance.
At the First Appearance, the parties are encouraged to try to work out a settlement agreement to avoid trial.
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Q. Are settlement agreements reached at the time of the First Appearance binding on the tenant?
A. Yes, generally, although the 2001 Legislature imposed limits on what you may include in a settlement agreement.
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Q. What happens if the tenant does not comply with the settlement agreement?
A. There is a process established in which you can sign an Affidavit of Noncompliance and seek restitution of your rental unit.
However, the tenant can request a hearing to challenge your right to possession.
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Q. What happens if I cannot reach a settlement agreement with my tenant?
A. The case will be set for trial.
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Q. Is the tenant entitled to a Jury Trial in an eviction trial?
A. Yes, but only if they ask for one.
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Q. How long does it generally take to get possession once I file an eviction action?
A. In Multnomah County it can take as little as three weeks from the date of filing until the date the sheriff locks out a tenant.
There are a variety of factors that affect the actual timing, including whether your tenant retains an attorney. In other counties,
it often takes longer than 3 weeks to evict a tenant.
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Abandoned Property
The following information is provided to answer some general questions about dealing with a tenant’s abandoned property.
It is not intended to constitute legal advice or to replace the advice that we would give you in a particular case.
Please feel free to call us if you have any questions.
Q. Can I throw out the stuff the tenant leaves behind?
A. No. You must give a valid abandoned property notice before disposing of your tenant’s possessions.
If you throw out what looks to you like trash, the tenant will undoubtedly later claim that the property was very valuable.
Your tenant can sue you for twice the value of the abandoned property plus attorney fees if you fail to comply with the abandoned property
notice procedures. Moreover, if you are found to have violated the procedures established by statute for disposing of your tenant’s abandoned property,
you will lose your claims against the tenant for back rent and most damages.
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Small Claims
The following information is provided to answer some general questions about Small Claims actions. It is not intended to constitute
legal advice or to replace the advice that we would give you in a particular case. Please feel free to call us if you have any questions.
Q. How do I recover the money a current or former tenant owes me for rent, late fees or other damages?
A. Often, the most cost-effective way to recover money a tenant owes you is to file a small claim. The filing fees for small claims actions are less than for Circuit Court actions.
Moreover, small claims are generally heard on an expedited basis.
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Q. Are attorney allowed in small claims court?
A. Rarely. The small claims statutes specify that attorneys are allowed to appear only with the consent of the judge of the court.
However, corporations and public entities may appear through attorneys.
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Q. Is there any limit to the amount of money I am allowed to seek in small claims court?
A. Yes, the most you may demand in damages in small claims court is $7,500. If you seek a judgment greater than that, you must file your action in Circuit Court.
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Q. Can I bring a small claim action against a current tenant?
A. Yes. Often it makes sense to sue your tenant while you can still find him for service.
You must have valid service to obtain an enforceable judgment against your tenant or former tenant.
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Q. How do I get paid on a judgment against the tenant?
A. Unfortunately, you or someone on your behalf may be required to collect the judgment through garnishment or other means.
Unless your tenant has a good paying job or a lot of assets, it may be difficult to collect on your judgment.
This is why we generally advise our clients to choose the least expensive means to obtain the judgment (i.e., small claims).
If your tenant has a good paying, long-term job, it may be advisable to spend the money on attorneys to sue your tenant in Circuit Court.
The best course will be determined by your individual facts.
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Q. Is it always the best course to sue my current or former tenant if they owe me money?
A. Not always. Sometimes, you may expose yourself to more liability on counterclaims or for payment of attorney fees than your action may be worth.
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Q. Can the tenant request a jury trial or remove the case from small claims court?
A. Yes, in some circumstances. This is another issue that may result in more cost than you had originally anticipated when you filed the small claim.
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Q. What are the current fees to file a small claim in Multnomah County?
A. The current fee to file a small claim seeking less than $1,500 in Multnomah County is $51.50. The current fee to file a small claim in excess
of $1,500 in Multnomah County is $98.50. Additional fees will be due if the tenant requests a jury trial or if the case is transferred out of the
Small Claims Department because of counterclaims filed by your tenant.
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Q. What are the filing fees to bring an action for damages against my tenant in Circuit Court?
A. The current Multnomah County filing fees for a complaint seeking less than $10,000 is $139. The current Multnomah County filing fees for
a claim in excess of $10,000 is $206.
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Q. Are filing fees the same throughout Oregon?
A. No, the fees differ from county to county.
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Q. Are there other steps I must take to enforce the judgment?
A. You may need to record the small claim judgment in the circuit court docket. You may also need to record
a notice of lien in the county in which the debtor owns real property. Other steps may be necessary to preserve the judgment for future collection.
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Our Practice
Q. What parts of Oregon do you handle cases in?
A. We represent Oregon landlords in all parts of the state including the following counties and cities:
Counties: Multnomah County, Washington County, Clackamas County, Marion County, Polk County, Columbia County, Hood River County, Yamhill County, Wasco County, Clatsop County, Linn County, Benton County, Tillamook County, Sherman County, Jefferson County, Lane County.
Cities: Portland, Gresham, Salem, Hillsboro, Beaverton, Tigard, Lake Oswego, Milwaukie, McMinnville, West Linn, Tualatin, Troutdale, Sherwood, Molalla, Aloha, Albany, Corvallis, Cascade Locks, Astoria, Wilsonville, Woodburn, The Dalles, Fairview, Oregon City, Silverton, Sandy, Rainier, Monmouth, Newberg, Keizer, Gladstone, Forest Grove, Canby, Philomath, Newberg, Parkdale, Seaside.
Lizbeth Leathers German is also licensed in Washington and is available to handle cases in Vancouver, Longview, Kelso and Clark County.
Our attorneys charge for travel one way only when we travel to outlying counties to try to make it more economical for you to use our services.
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How You Can Retain Us
Q. Do you charge a retainer fee?
A. We typically request a small initial retainer from all new clients. The amount requested will vary depending on whether a
Trial has been set for your case. Please contact our office for details.
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Q. I do not like to come into downtown Portland; can I retain you without traveling downtown?
A. Absolutely. We communicate with most of our clients by telephone and facsimile. We represent many clients who we have never met in person and who
communicate with us strictly by telephone and facsimile.
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Q. What are the hourly rates of Hummel & Barnhouse,
P.C. and Timothy Murphy?
A. As of January 2010, Amy Barnhouse charges $205
per hour and Timothy Murphy
charges $195 per hour. This is at or below the rates most
Oregon Landlord attorneys charge. We pride ourselves on providing fair and competitive rates as we realize that most of our
clients are small business people. We invoice our clients monthly. Our invoices are quite detailed so that our clients have a
very clear picture of the services we perform on their behalf.
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Our Affiliations
We practice in front of Oregon Circuit Court, the Oregon Court of Appeals, the Oregon Supreme Court,
the United States District Court for the District of Oregon and the United States Ninth Circuit Court of Appeals.
Lizbeth Leathers-German also practices in front of Washington Superior Court, The three of us have combined experience
in excess of 36 years.
We estimate that we represent well over 10,000 Oregon housing units. We are members of Multifamily Housing Council of
Oregon and the Rental Housing Association of Greater Portland. Our attorneys are frequently asked to teach seminars to Oregon landlords.
We have presented seminars for IREM, the State of Oregon, the East Portland Police Precinct, Beaverton Police Precinct, Gresham Police,
Milwaukie Police, Lorman Seminars, and Multifamily Housing Council meetings.
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