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Gresham family still displaced 2 weeks after tree fell on rental home

Renters rights advocates say it's critical for tenants to know their rights and urge them to not accept landlords' offers to let them break their leases.

GRESHAM, Ore. — Allison Neighbor and her family have been displaced from their home since Jan. 13. On that day around noon, a large tree fell on top of their house, causing extensive damage to the property on Northeast 177th and Pacific Street in Gresham. Neighbor, her fiancé and their two kids were all home when they heard the crash and ran.

"Where do you run when a tree is coming at you?" asked Neighbor. "You usually don't know, you just run and hope you don't die!"

Fortunately, no one was injured but 15 days later, the house is still uninhabitable. The tree is still poking through parts of the roof and there's extensive water damage. The family has been staying in a hotel and an Airbnb which their renters insurance is covering, but they noted their mounting expenses, including lost work to deal with the damage.

"Everybody talks about that rainy day fund," said Neighbor. "But what you think is enough is not enough."

The couple said the contractor hired by the homeowner has provided slow and sporadic service. Smile Property Management, which manages the property, told KGW they aren't charging the tenants rent while the house is uninhabitable and refunded rent paid for days they couldn't stay in the home after the crash. Neighbor and her family said at times during the repair process, they've felt caught in the middle.

"I don't know how a property company can let their tenants have to deal with the home owner insurance, the tree people, all of it," said Neighbor's fiancé, Stephen McLain. "I don't understand any of it."

For that reason, tenants rights advocates like Margot Black said it's important for renters to arm themselves with knowledge.

"Do not voluntarily terminate tenancy," warned Black, noting her No. 1 rule for renters dealing with an uninhabitable home.

"Do not take an offer from your landlord to get out of your lease early or move without penalty," Black said. "That is your landlord trying to get out of their obligation to provide you safe and habitable housing with essential services."

Black also said it's critical to communicate with your landlord.

"Really try to keep things in writing, take pictures, keep receipts," said Black. "You may in several cases be able to withhold rent either to pay for a hotel or pay for repairs if your landlord's not doing it, but never do that without getting advice from an attorney."

Neighbor and her family's current priority is finding a new place to stay. Their Airbnb rental ends this week and their biggest concern is keeping their kids within their schools' boundaries. Right now they're having a tough time finding any short-term rentals that meet that need but are trying to stay positive.

"While this is tragic, we have our lives," said Neighbor.

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