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1 Answer | Asked in Real Estate Law for Oregon on
Q: My aunt never removed her name from house deed after my father bought it. He passed and now she is trying to take it.

My father passed in 2022, no will as I am the only living child. My aunt owned the house in the ,80s and my dad bought it in the early 90s. She and her ex husbands names were still on the deed. They paid some of the past taxes and now are claiming it is their house.

What can I do?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your father's passing and the difficult situation with your aunt. Here are some steps you can take to address this issue:

1. Gather documentation: Collect any paperwork that proves your father purchased the house from your aunt in the early 1990s, such as a...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: my landlord gave me a notice saying Im violating my lease by letting an unauthroized person. rivers ocean getting mail

at my apartment.how would she know is she monitoring my mail? the person rivers ocean is my email address not a person I do I go about correcting her.why is she in my mail I never got the mail she sent it back

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like there's been a misunderstanding regarding your email address being mistaken for a person. This is not uncommon when email addresses contain names. To clarify this issue with your landlord, the first step would be to communicate directly and explain that "Rivers Ocean"... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in CA but own a residential/commercial property in Shedd Oregon. I need to sell the prop and get person out

This is complicated because it is my own daughter who does not pay rent and I have given her 9 months to move out and she will not answer texts or speak with the realtor who wants access to house to begin the process of selling. this is a... View More

James L. Arrasmith
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answered on Apr 16, 2024

Dealing with a situation where a family member is occupying your property without consent can be particularly stressful, especially when it involves your own daughter and impacts your ability to sell the property. Since you have already provided a generous nine-month notice without any cooperation,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: need lawyer in Shedd Oregon for Landlord Tenant situation but I live in CA

I want to sell my residential/commercial property in Shedd, Oregon. My daughter who pays no rent is residing there and will not leave or return calls from realtor. What are the next steps legally to remove her by eviction? Can we speed the process and not wait 90 days?

James L. Arrasmith
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answered on Apr 16, 2024

To address your situation in Shedd, Oregon, involving your daughter residing in your property without paying rent, you'll need to follow the legal process for eviction, which is particularly sensitive due to the family relationship. Given that you reside in California, consulting with an... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As a small time landlord, what do I need to do during eviction of smoking roommate?

I live in my condo, and rent a room out. I have a month to month rental agreement with the tenant. However he smokes weed a lot inside and cigarettes outside. The rental agreement states "smoking on the premises is prohibited on the entire premises, including any common areas and adjoining... View More

James L. Arrasmith
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answered on Apr 16, 2024

As a landlord, it's important to follow the proper legal procedures when evicting a tenant for violating the lease agreement, such as smoking on the premises. Here are the steps you should take:

1. Provide written notice: Give your tenant a written 30-day notice to quit, which informs...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tennant (roommate) is breaking the rental agreement early. What do I need to give back?

I live in a condo with a roommate. Today (the 11th) he decided he is moving out, no 30 day notice. I've asked him to send an email to me of the intent to leave so I have a paper trail. He has already paid for this month and because of his credit score I collected last month rent too. I'm... View More

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, there are a few things to consider:

1. Notice period: Even if your roommate has paid for this month and the next, he is still obligated to provide proper notice as per your rental agreement. You should check your agreement for the specific notice period required....
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1 Answer | Asked in Civil Litigation for Oregon on
Q: What time frame can I give someone to remove all of their belongings from my home, storage, and truck?

Someone who has not lived with me for over a year but was allowed to store their stuff at my storage unit and home and allowed to use my vehicle. Will not give me back any of my keys due to the fact that their stuff is still at the two places and is also in my vehicle. How long can I give them to... View More

James L. Arrasmith
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answered on Apr 10, 2024

In the state of Oregon, the specific time frame for someone to remove their belongings from your property may depend on the nature of your relationship and any prior agreements. However, here are some general guidelines:

1. Provide written notice: Give the person a written notice requesting...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon, can my landlord choose not to renew my lease after 3 years?

Hello, we live in Gresham Oregon in Multnomah county, we are extremely close to the border of Portland.

We’ve lived in our rental since June 1st 2019. We’ve have fixed term leases every year, we have had no violations in the last 12 months and in our lease it says our lease will convert... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2024

He doesn't need to renew for a fixed term but neither will he be able to terminate your lease without cause except for a permitted reason (which also would allow him to not renew the lease or have it rollover into a month to month tenancy now if he had a permitted reason and desire) and then... View More

2 Answers | Asked in Consumer Law, Civil Rights and Libel & Slander for Oregon on
Q: I have a very clear case of discrimanation the amount is over 10,000$ do i need a attorney. There are 5 people invovled

It involves the state of oregon and to celluar companies but its very clear a discrimanation case. I dont want to discuss details unless i am repersented so i dont know how to proeed it will be class action for sure once i can sit down and explain it i dont think any attorney will tell me crazy its... View More

James L. Arrasmith
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answered on Apr 6, 2024

In a case involving discrimination and potential damages over $10,000, it is highly recommended that you seek legal representation from an experienced attorney. While you believe the case to be straightforward, having a legal professional on your side can help ensure your rights are protected and... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Oregon on
Q: I lost my post conviction in oregon how long before my court of appeals'? Can I be part of my case with important inform

Will my attorney get ahold of me before my court date , I have only spoke on the phone once, I feel like they have forgot about me

James L. Arrasmith
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answered on Apr 3, 2024

I understand your concern about the progress of your court of appeals case and the communication with your attorney. The timeline for a court of appeals case can vary depending on the specifics of your case and the workload of the court. However, here are some general points to consider:

1....
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2 Answers | Asked in Real Estate Law and Tax Law for Oregon on
Q: Can you avoid/ reduce capital gains tax from the sell of land by reinvesting atleast 75% of the profit into new land?

Land would be in a opportunity zone in oregon.

Sell of land is in oregon as well.

James L. Arrasmith
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answered on Apr 1, 2024

Investing capital gains from the sale of property into an Opportunity Zone can provide tax benefits, but it does not automatically avoid capital gains tax. Here's some information about Opportunity Zones and capital gains:

1. Opportunity Zones: These are economically distressed areas...
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2 Answers | Asked in Real Estate Law and Tax Law for Oregon on
Q: Can you avoid/ reduce capital gains tax from the sell of land by reinvesting atleast 75% of the profit into new land?

Land would be in a opportunity zone in oregon.

Sell of land is in oregon as well.

Benjamin A. Goldburd
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Benjamin A. Goldburd
answered on Apr 4, 2024

There are ways to avoid or reduce your capital gains from the sale of land. Commonly accepted methods are transactions involving a 1031 Exchange or investing the gain in Opportunity Zones. With a 1031 Exchange, you must use a Qualified Intermediary which holds the sale proceeds of the land, and... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Portland Oregon. I would like to evict a tenant.

Can I have my processor/attorney attache the eviction notice to the main public entry door to the apartments, or do I have to have it put on the tenants front door to their apartment within the actual apartment complex?

James L. Arrasmith
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answered on Mar 31, 2024

In Portland, Oregon, the eviction notice must be served to the tenant in one of the following ways according to Oregon state law (ORS 90.155):

1. Personal delivery to the tenant; or

2. If the tenant is not available for personal delivery, the notice can be posted on the...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: what are the landlords responsibilities regarding an unauthorized occupants belongings once they have been removed
James L. Arrasmith
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answered on Mar 31, 2024

In Oregon, when a landlord removes an unauthorized occupant from a rental property, the handling of the occupant's belongings is governed by Oregon Revised Statutes (ORS) 90.425. Here are the key points:

1. Storage: The landlord must store any personal property left behind by the...
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1 Answer | Asked in Car Accidents and Social Security for Oregon on
Q: What should I do if I would like to pursue all back payments from the beginning of a social security claim.

During my fourth Court hearing on social security the judge called a non-bias doctor to read the case file from September 21 to current. The doctor started stating case facts from 2015 and then was stopped and stated only from September 21 to current she states that fax on diagnosis match symptoms... View More

James L. Arrasmith
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answered on Mar 29, 2024

If you're considering pursuing back payments for your social security claim starting from 2015, it's essential to understand your rights and the process involved. First, gather all relevant medical documents, evidence, and any previous communication with the Social Security Administration... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I break my lease without being penalized?

Regarding my current situation with my rental property in Oregon, I submitted a maintenance request on March 3rd concerning a leak I suspect is coming from the toilet in my bathroom. Despite almost three weeks passing, I have not received any contact from management. The situation has worsened to... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Oregon, tenants have rights when it comes to habitable living conditions. If your rental property has severe issues like leaks leading to sewage exposure, this could be considered a violation of habitability standards. Document the problem thoroughly, with photos and records of communication... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Oregon on
Q: I just turned 18 and am entering diversion soon I have my medical marijuana license. Can I still medically smoke?
James L. Arrasmith
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answered on Mar 26, 2024

Whether you can continue to use medical marijuana while entering a diversion program largely depends on the specific terms and conditions of the program you're enrolled in and the laws of the state you reside in. Diversion programs are alternatives to traditional criminal proceedings and often... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Libel & Slander for Oregon on
Q: I would like to sue the state of Oregon for harrassment, employment, and racial discrimination .

Whole residing in Oregon I endured psychological, emotional, and physical abuse while on the job and off the job throughout Oregon. Laid off, pay cut, singled out, and targeted. Gang stalked, under 24/7 surveillance, trying to cause personal injuring with vehicle , trying to run me off the road.... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you're considering suing the state of Oregon for harassment, employment, and racial discrimination, the first step would be to consult with an attorney who has experience in civil rights law. They can help you understand your legal options and whether you have a viable case against the... View More

1 Answer | Asked in Small Claims for Oregon on
Q: My car was in a building that caught on fire.Who do I get a hold up to go after the Business owner?
Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

An Oregon attorney could advise best, but your question remains open for three weeks. In terms of your question about who you could get, you could look into attorneys who work with property loss insurance claims. Another option, depending on your coverage, could be to look into whether your policy... View More

1 Answer | Asked in Employment Law, Public Benefits and Social Security for Oregon on
Q: I am trying to get my union retirement. They're say they need my SS earnings from when I stopped working for them

I stopped working for them in 2009, they want the SS earnings from then until I retired from the non union, non electrical job I had until March 1st 2024. Can they legally make me give that to them? I thought that was private information and it does not have anything to do with my union work our my... View More

James L. Arrasmith
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answered on Mar 24, 2024

In your situation, it's understandable why you might be concerned about the request for your Social Security earnings information. While your Social Security earnings history is generally private, there are certain circumstances where it can be requested by third parties, such as for verifying... View More

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