Questions Answered by Troy Pickard

Q: How much late charges may a landlord charge

1 Answer | Asked in Landlord - Tenant for Oregon on Apr 26, 2011

Answered on Feb 12, 2013

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Troy Pickard's answer
The rules on landlord late charges are at ORS 90.260. The late fee cannot be more than:

(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market; OR

(b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid...

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Q: Can a landlord go after you for damages after the fact of the deposit being returned?

1 Answer | Asked in Landlord - Tenant for Oregon on Sep 23, 2011

Answered on Feb 12, 2013

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Troy Pickard's answer
Yes. If your landlord returns your entire deposit, this has no effect on whether your landlord can go after you for damages to the home.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

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Q: I put down a security deposit when I moved in which I was told was last month rent. Now he wants to kick me out. Can he?

1 Answer | Asked in Landlord - Tenant for Oregon on Sep 25, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
The question of whether your landlord can kick you out is complicated and has nothing to do with whether you have paid a security deposit or last months rent deposit.

Call an Oregon landlord-tenant lawyer if you want more information. Try Portland Defender at www.portlanddefender.com

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

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Q: I have a bad tenant, can I terminate a one year lease early?

1 Answer | Asked in Landlord - Tenant for Oregon on Sep 26, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
A landlord can terminate a one-year lease early in certain circumstances. The two most-common circumstances would be when a tenant can't pay their rent on time, and when a tenant is committing criminal acts in the home or damaging the home.

No landlord should attempt to terminate a rental agreement without a lawyer's help - if the landlord screws it up, they can wind up owing the tenant a lot of money.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland,...

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Q: Im on a year lease can my landlord give me a 30day no cause notice ive almost lived here a month

1 Answer | Asked in Landlord - Tenant for Oregon on Oct 16, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
Landlords can only give their tenants a 30-day no-cause notice of termination if the tenant is on a month-to-month lease. If you are on a one-year lease, the landlord cannot do this.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

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Q: Former landlord won't return sec.deposit and has health hazard codes in more then one rental they own ,but more importa

1 Answer | Asked in Landlord - Tenant for Oregon on Nov 29, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
If your landlord is stealing your deposit, hire an attorney to get it back.

Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

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Q: Can a landlord in Oregon evict a tenant if they refuse to follow house rules that are not legal?

1 Answer | Asked in Landlord - Tenant for Oregon on Dec 20, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
Most landlord-tenant relationships in Oregon are governed by the Oregon Residential Landlord-Tenant Act. However, there are a few exceptions. One exception is occupancy at an institution, public or private, if incidental to the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing.

Another exception is occupancy by a member of a fraternal or social organization in the portion of a structure...

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Q: What can be done when a defendent has dementia, irreversible and untreatable whose attorney is pressuring to take a plea

1 Answer | Asked in Federal Crimes for Oregon on May 7, 2011

Answered on Feb 12, 2013

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Troy Pickard's answer
You should probably trust your attorney. But, if you are convinced that your attorney is wrong to not consider some sort of diminished capacity defense or the fact that the defendant is unable to understand the proceedings, you should think about hiring another attorney and mental health practitioner to evaluate this.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

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Q: If I get caught carrying a pocket knife under six inches without a carry permit what would happen? I am 20 years old.

1 Answer | Asked in Criminal Law for Oregon on Feb 18, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
It is not a crime in Oregon to carry an ordinary pocket knife under 6 inches without a permit.

Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com

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Q: How long could i go to jail if i got drunk and im 14

1 Answer | Asked in DUI / DWI for Oregon on Nov 16, 2010

Answered on Feb 12, 2013

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Troy Pickard's answer
I think it is very unlikely that you would be sentenced to jail time for being drunk at age 14, especially if this is your first run-in with the law. More likely, you might be ordered to do an alcohol education class and some community service.

Portland Defender

1001 Southwest 5th Avenue

Suite 1100

Portland, OR 97204

(503) 592-0606

www.portlandcriminalattorneyor.com

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Q: What is the penalty for criminal trespass in Oregon under Section 53a-128i?

1 Answer | Asked in Criminal Law for Oregon on Nov 6, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
I don't know what 53a-128i is, but criminal trespass in Oregon is a misdemeanor and, depending on the crime severity and the offender's criminal background, could be punished by up to one year in jail. For a low-level crime like criminal trespass, however, this would be extremely unlikely. More typically, a person would receive 0-5 days in jail, a small fine, and perhaps probation.

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Q: How long is the max to wait for an attorney to see you in jail? In Oregon.

1 Answer | Asked in Criminal Law for Oregon on Jan 2, 2013

Answered on Feb 12, 2013

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Troy Pickard's answer
It depends. If you hire a private attorney, you may be able to get someone to come in and see you that same day. If you are not able to afford a lawyer, you may be eligible to get a court-appointed attorney. However, you probably won't see them until your first court appearance - your arraignment. That could mean you might be in jail for 2-3 days without seeing a lawyer. Possibly even longer, if it's a holiday weekend.

Portland Defender

1001 Southwest 5th Avenue

Suite...

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Q: Important questions to ask in DUII in Oregon?

3 Answers | Asked in DUI / DWI for Oregon on Jul 6, 2011

Answered on Feb 12, 2013

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Troy Pickard's answer
There are so many important questions to ask in a DUI case. The two most important are: Were you "driving"? and Were you under the influence of intoxicants? If the answer to either question is no, you may have a very strong defense.

There are also many other questions a good lawyer will get answers to - questions on topics like why you were stopped, whether the government illegally seized any evidence, who the witnesses were, etc.

Portland Defender

1001 Southwest 5th...

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Q: I got duii diversion forms 1 3 and 4 from the court how do i get the 2nd form

1 Answer | Asked in DUI / DWI for Oregon on Nov 27, 2011

Answered on Feb 12, 2013

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Troy Pickard's answer
You may have just mistakenly not received form 2. You should go back to the courtroom you appeared in before and talk to the clerk. They should be able to get you any page you missed.

Portland Defender

1001 Southwest 5th Avenue

Suite 1100

Portland, OR 97204

(503) 592-0606

www.portlandcriminalattorneyor.com

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Q: On DUII is there a lawyer for me

1 Answer | Asked in DUI / DWI for Oregon on Dec 5, 2012

Answered on Feb 12, 2013

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Troy Pickard's answer
If you cannot afford an attorney, the court can appoint one to represent you.

Portland Defender

1001 Southwest 5th Avenue

Suite 1100

Portland, OR 97204

(503) 592-0606

www.portlandcriminalattorneyor.com

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Q: Is there a serna law in the state of Oregon?

1 Answer | Asked in Criminal Law for Oregon on Jan 13, 2013

Answered on Feb 12, 2013

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Troy Pickard's answer
I am assuming that you're referring to speedy trial motions in criminal cases, which are often called Serna motions in California.

Yes, Oregon has speedy trial laws specific to the state. Additionally, Oregon is subject to the same speedy trial laws that govern every state in the entire country. A good criminal defense lawyer can help you figure out whether you would have any luck getting your case dismissed based on a violation of your right to a speedy trial.

Portland...

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