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One important scenario that you may encounter as a landlord is when your guest has a tenant who stays longer than expected.

As a landlord, one of the most important things you must do is enforce your lease because, if your tenants invite guests to live with them for weeks, or months at a time, they are in direct violation of the lease and should be held accountable.

If you’ve never encountered this situation before, this article will share with you five ways to know when a tenant has become a guest and how you must deal with it.

#1 – They’ve Stayed Longer Than 2 Weeks

One of the first ways to know that a guest can now be classified as a tenant is when they stay in your rental property for more than two weeks.

Two weeks is the most common length of time that anyone will go on vacation or visit family members for an extended stay. If your tenant has guests that are staying for longer than that period you must A. Contact your tenant and inform them, they are violating the lease, and B. Their guest must be added to the lease if they are going to be living there.

#2 – The Guest Is Moving Their Belongings In

Another easy way to tell if your tenant has guests that can now be classified as tenants themselves is if those guests are moving their personal belongings into the rental property.

It’s very uncommon for people to travel with anything other than just a few bags of luggage so, if you spot your tenant’s guests slowly but surely moving their personal belongings into the rental property, this is a sign that they are planning on staying for a longer period.

#3 – They Are Paying the Rent

If you’re still unsure that your tenant has guests that can now be classified as tenants, another easy way to know for certain is that the guest is now a tenant as if the guest starts paying the rent.

Paying the rent is a clear sign that the guest is planning on staying for longer than two weeks and it shows that they are more than just a guest who will be gone soon.

It’s never a good idea to accept rent payment from a guest because this implies that you’ve entered into an informal landlord-tenant agreement with them, and that guest can now enjoy the same rights and privileges as the tenant who is currently on the lease.

#4 – Your Mailing Address Is Now ‘Their’ Mailing Address

A mailing address is a very personal thing since it’s also part of a person’s identity so if your guest tenant is now using the tenant’s mailing address as their mailing address, this should also be another clear indicator that they can now be a tenant themselves who is living at that rental property full time.

#5 – You’ve Spoken with Them About Maintenance Requests

Last of all, but most important, another sign that a tenant has become a guest is when the guest is submitting maintenance requests to you.

The average guest will not contact a landlord or an owner about maintenance issues unless they are planning on living on the property for any length of time so if your tenants’ guests begin communicating with you regarding things that need to be repaired or replaced at the rental property, this is another easy to decipher sign that they are now living in that property full time.

How To Deal with Guests Who Overstay Their Welcome

There’s no denying that the rental market has changed drastically over the last two years and some people are letting their friends/family members stay with them to keep them off the streets.

Obviously, your goal is not to be the bad guy, but, your rental property is still a business, and you must enforce your lease, otherwise, your tenants will continue to walk all over you during the length of time that they’re living in your property.

Here are several things that you can do to deal with guests who have overstayed their welcome:

Communicate – If you currently have a lease with a clause regarding how long tenants can have guests, you should contact your tenant if you’ve noticed that their guest has stayed with them for more than two weeks at a time.

Talk with your them one-on-one to let them know that the guest must leave and if they informed you that they are trying to keep their friend or family member off the street, you should direct them to local social services so that their guest can find an alternative place to live.

Enforce – After you’ve taken the time to communicate with your tenant, they must be made aware that you plan on enforcing your lease, including requiring them to cure or quit.

This means that if they do not ask their guests to leave, the tenant will face eviction and since no tenant wants to be evicted, especially since COVID, it’s highly likely that they will take the steps to ask guests to leave the rental property before their landlord moves forward with the eviction process.

Keep in mind that someone who’s living in your rental property illegally in some cases may enjoy the same rights and privileges as the tenant, so it’s important to consult with your attorney before you take the steps to move forward with the eviction process.

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Are you searching for the latest Oregon landlord-tenant information for 2022-2023? If so, you’ve come to the right place!

In this article, we will share with you the most up-to-date landlord-tenant information that you can use for growing your rental property business in all the local cities and neighborhoods in the Portland Metro area.

Oregon Landlord Tenant  – Rights and Duties of Landlords

From the moment that you rent your property to a tenant; you enter a landlord-tenant relationship with them. This means that the tenant has a variety of rights that are recognized under the law, and they must be respected.

One of the most common rights that every tenant in Oregon landlord-tenant has is the right to be notified at least 24 hours in advance that the landlord is going to enter their rental property.

This notice should be placed on the door of the rental property so that the tenant knows that they have ample time to prepare for the landlord’s arrival. If the tenant is not notified, failure to comply with this rule is one of the most common reasons why landlords and tenants end up in court.

Habitability:

It is your responsibility to provide a home that is habitable and to make repairs when needed.

You must equip the residence with a properly working smoke and carbon monoxide detector and provide the initial set of batteries if it is battery operated.

By renting your property to the tenant, you give that tenant the right to possess and use your property, free from interference.

You may not enter frequently, at odd hours or without a legitimate reason or without notice

You cannot lock a tenant out:

The only exception to the no lockout rule is when a tenant who can demonstrate they have been the victim of domestic violence, stalking, or sexual assault asks to have the perpetrator tenant locked out of the unit where the victim of the crime continues to live.

As a Oregon landlord tenant, you are also responsible for observing federal, state, and local fair housing laws.

Discrimination:

You cannot discriminate against a tenant for having children, because of their disability, or because of their religion, race, sex, ethnic background, sexual orientation, or gender identity.

When a tenant is applying to rent, you also cannot consider a tenant’s past eviction case that they successfully defended.

You cannot discriminate against a tenant because they were a victim of a domestic violence, sexual assault, or stalking crime.

For more information about your fair housing duties, visit the Fair Housing Council of Oregon.

It is also illegal to retaliate against a tenant by raising the rent, shutting off utilities, or trying to evict the tenant because they complained to you or a public agency about habitability conditions, discrimination, or other violations of the law, or because the tenant joined or formed a tenant’s organization.

Security Deposit Return:

You must account for or refund to the tenant any security deposits after the tenant moves out. You must give the tenant a written accounting that states specifically why you kept a portion or all the deposit within 31 days of the rental agreement. If you do not comply with this requirement, the tenant can sue you for twice the amount of the deposit.

Notices to Terminate the Tenancy

To end a month-to-month tenancy during the first year of the tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days’ notice and payment of relocation costs is required for no-cause terminations. The tenant may also terminate the tenancy with a 30-day written notice. A week-to-week rental period requires a 10-day notice.

If your tenant has lived in the dwelling for more than a year, you cannot terminate the tenancy for no cause unless you have a “qualifying landlord reason.” Qualifying landlord reasons are:

• You intend to demolish the dwelling unit or convert it to non-residential use, or
• You intend to do repairs or renovations which would render the unit unsafe, or
• You intend to move yourself or a close family member into the unit, or
• You have accepted an offer to purchase the dwelling unit from a person who intends to occupy it.

A fixed-term tenancy of less than one year will automatically convert to a month-to-month tenancy after the expiration of the fixed term unless the landlord has given a notice of termination at least 30 days prior to the end date stated in the rental agreement.

In Portland, Oregon landlord tenant must still give at least 90 days’ notice of intent not to renew a fixed-term tenancy. You cannot end a fixed-term tenancy early unless you have cause to end it, such as a violation of the lease by the tenant.

If a tenant (or someone in the tenant’s control) threatens to or inflicts substantial personal injury to a person on the property or neighbor, intentionally inflicts substantial damage to the property, or commits an act that is outrageous in the extreme, you may give the tenant a 24-hour notice to leave

The notice must be in writing in a special legal form.

The notice must explain the reason for termination, and it must be delivered personally to the tenant or mailed to the tenant by first class mail only. If a notice is mailed, you must add three days to the notice time. (The additional three days does not include the date of mailing.)

The legal form of the notice must be correct in all details to be enforced in court.

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Oregon Landlord Tenant – Rights And Duties of Tenants

When you rent a house or an apartment, you enter a legal contract with someone. With this contract begins what is known as a landlord-tenant relationship. As a tenant, you have certain rights and responsibilities. First, you have the right of exclusive possession, which means that even though the landlord owns the property, you generally have the right to your privacy. No one may invade your “home” without legal authority. As such, your landlord must give you at least 24 hours notice before entering the property unless there is an emergency, unless you have requested repairs or maintenance (without designating certain dates and times), or unless the contract permits the landlord to enter the grounds (but not the dwelling unit) for yard maintenance.

Your landlord may enter the property after advance notice to make inspections, make necessary repairs, supply necessary services, or to show the property to prospective buyers or work people. If reasonable, you may deny your oregon landlord tenant permission to enter; however, you must act reasonably. Just as the landlord cannot abuse the right of access to harass you or enter at unreasonable times, you cannot withhold your permission to enter to hinder or interfere with the landlord’s exercise of his or her rights and responsibilities.’

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