[OR] Can my business sue a landlord for a lockout in Oregon?

Lexi, Chatbot

I'm sorry to hear about your situation with your landlord; that must be very stressful. Have you had any prior communication or agreements with your landlord regarding the lease terms?

Lexi, Chatbot

What type of business do you operate, and how long have you been in that location?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your business lockout.

Blake

Hello, my name is Blake and I am a licensed attorney — I will be happy to help you today!

Please keep in mind that this conversation is for informational purposes only and does not establish an attorney-client relationship or constitute legal advice. THIS ENTIRE DISCUSSION SHOULD BE CONSIDERED GENERAL LEGAL INFORMATION ONLY AND MAY NOT BE RELIED UPON AS ADVICE. You must hire an attorney if you need legal advice for your specific situation.

Your question is important, and I'll provide a helpful response as soon as possible. Feel free to reach out with any additional concerns or questions. Your satisfaction is my priority, and I'll make sure to communicate effectively and use a tone you can understand. Together, we'll find the best solutions for your needs.

Let’s get started!

First of all, how long ago did this happen, and where was it located?

Blake

Thanks for sharing that. Could you tell me if there was any specific reason given by the landlord for locking you out? This will help me understand the situation better.

Blake

Got it, thanks for explaining. Did your lease agreement have any specific clauses about late rent payments or changes to the business operations, like starting brewing? This could be important in understanding your rights.

Blake

Thanks for clarifying that. Since brewing was just an idea, it might not justify the lockout. Did your lease have any specific terms about what happens if rent is late? This could be crucial in determining if the landlord acted within their rights.

Blake

Based on your situation, multiple Oregon laws and legal doctrines can support your claims against the landlord. The following includes specific statutory citations and legal duties relevant to commercial properties.

1. Breach of the lease agreement: A commercial lease in Oregon is governed by contract law, meaning both parties are bound by the explicit terms of the lease.

Under ORS 91.090 and ORS 91.100, landlords must follow the terms of the lease before attempting to terminate or interfere with tenancy. If your lease does not expressly authorize:

• Lockouts for late rent, or
• Restricted access due to operational changes,

then the landlord’s conduct may violate:

• ORS 91.010 et seq., governing rights and obligations in leased real property.
• Implied contractual duties of good faith and fair dealing (recognized by Oregon courts in every contract).

Even one unauthorized interference with access can constitute a material breach.

2. Violation of the right to quiet enjoyment: Oregon recognizes an implied covenant of quiet enjoyment in all leases, including commercial ones. This is codified in part through:

• ORS 91.090, which requires landlords to allow tenants to peacefully possess leased property unless possession has been lawfully terminated.

Under Oregon case law, a landlord violates quiet enjoyment when they substantially interfere with a tenant’s use of the premises. A lockout without notice or lawful procedure is a classic example of such interference.

This can justify claims for:

• Constructive eviction,
• Damages for lost income, and
• Lease termination with financial remedies. 

3. Unlawful eviction/prohibition on self-help: Oregon strictly prohibits “self-help” evictions — even in commercial settings.

Under the Forcible Entry and Detainer (FED) statutes:

• A landlord must use the court eviction process to regain possession.
• ORS 105.105–105.165 require:
  • Proper written notice,
  • A filed eviction complaint,
  • A court judgment for possession, and
  • Sheriff-enforced removal (not landlord-enforced).

Changing locks or denying entry without a court order constitutes an unlawful ouster, actionable under:

• ORS 105.110 (Forcible entry),
• ORS 105.115 (Unlawful holding by force or intimidation).

These provisions apply to any landlord who removes a tenant without judicial process.

If proven, you may be entitled to:

• Possession restored,
• Damages for losses,
• Attorney’s fees (if allowed by the lease or court).

4. Commercial tenant rights & required notices: Oregon law also requires landlords to follow lawful procedures before taking adverse action.

Applicable statutes include:

• ORS 91.080 — When rent is due and what notice is required for alleged noncompliance.
• ORS 91.105 — Rights and obligations not altered unless clearly stated in the lease.

If the landlord failed to provide:

• Written notice for alleged unpaid rent,
• A cure period (if required by the lease), or
• Proper termination procedures,

their actions may violate both statutory requirements and contractual duties.

Blake

Based on your situation, here are some possible steps you can take:

1. Review Your Lease Agreement
   Go through your lease agreement to check for any clauses related to late rent payments or changes in business operations.

2. Document Everything
   Gather the lease, communications, rent records, and take photos of the lockout if possible.

3. Attempt to Resolve Informally
   You may try reaching out to the landlord to discuss the disagreement.

4. Consult an Attorney
   Consider speaking with a local attorney who specializes in commercial leases or tenant rights.

5. Consider Legal Action
   If the landlord acted unlawfully, you may have grounds to sue for breach of contract or unlawful eviction.

Please let me know if you have further questions.

Blake

Unfortunately, I am ethically precluded from taking cases or recommending any particular attorneys or law firm through this site. However, if you look closely you will see that each of the attorneys on www.avvo.com have reviews from past clients and from other peer attorneys — so if you read those reviews you will get referrals that way.

I hope I was able to answer your question.