Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved out of a rental. The initial deposit was $800 of which the landlord returned $500.

It has been well over 31 days since we turned the property back over to the landlord. The only “written” itemized accounting we have received was via Facebook Messenger and/or email. It was not personally delivered or mailed.

They have claimed they’re withholding the additional $300... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 22, 2021

You should sue for the $1600. If he wants the $500, let him counter Sue you for it - and prove it in court. That said, you may want to think about having an attorney represent you in regular court instead. The landlord has no incentive to do anything but go to trial in small claims. In regular... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Who makes the determination (if anyone) as to the livability/habitability of one's home?

Please understand that I am not asking whether I have a case or trying to provide any and all relevant details in the hopes that someone "buys" my story. I know that my home does not meet a number of the elements required for habitability (i..e., I cannot cook due to the lack of a vent... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 18, 2021

ORS 90.320 specifies the minimum habitability standards a rental dwelling must meet. Besides seeking monetary damages, you can also ask a Judge to Order a landlord to repair, with severe penalties if they do not. Review everything with a local landlord-tenant attorney.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Portland if a landlord sends someone to do an inspection, can I require them to wear a masking and gloves during?

Have an inspection coming up and I’m worried with COVID know my landlords that they will not follow proper health protocol and I am immuno comprised.

Gregory L Abbott
Gregory L Abbott answered on Sep 17, 2021

Certainly - you are free to put any reasonable requirements you wish upon anyone wanting to enter your home, just tell them ahead of time. If they don't want to comply, refuse entry. If they try to enter anyway, document it and call the police the same as you would for anyone trying to force... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my family is on quarantine for testing positive for COVID 19 can my landlord come in to do a inspection still?
Gregory L Abbott
Gregory L Abbott answered on Sep 8, 2021

You should deny him entry at least until after the quarantine is finished.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

Gregory L Abbott
Gregory L Abbott answered on Sep 7, 2021

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: (4) A judgment may not be enforced if the plaintiff has accepted rent

My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.

Gregory L Abbott
Gregory L Abbott answered on Sep 4, 2021

The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: How do I remove an abusive partner from my home?

We have lived together for the last 3 years. We have 2 children together. I am the sole homeowner and work full-time. She works part-time and refuses to leave because she can't afford to live on her own. She is extremely abusive to myself and our children. I have insisted that she needs to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 3, 2021

It depends upon whether she can legally be classified as a tenant. If so, you go through the hoops to terminate her tenancy and evict if necessary. If not a tenant (likely given your brief description), then you have to file to eject her from the house. Eviction and ejection share similar goals -... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have tenants that have lived with me for three years in Albany Oregon. For the first year they were on a year lease

Then defaulted to a Month to month. My husband needs the room for his sister, as she has no where else to go. By law can I give them a 30 day notice or does it have to be a 90 day? What are my options?

Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

You have to provide them with a written 90 day no cause termination of tenancy notice that specifies all the legally required information and which is lawfully served upon the tenants. See ORS 90.427

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can 10 people show up for a house showing that we were notice 24 with no. Realtor or owner present and no mask
Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

Of course they can - and you are free to decline them entry or to ask them to leave. If they don't, call the police.

1 Answer | Asked in Civil Rights and Small Claims for Oregon on
Q: In oregon how can I get my belongings out of a storage unit that is only in my daughter's na

We opened the unit together but I paid it.

Gregory L Abbott
Gregory L Abbott answered on Sep 1, 2021

When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling her duplex. Does she have to pay us our security deposit or does it transfer to new the owners?

Our landlord does not live in the duplex, it's an investment property.

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2021

Whomever is the owner when you leave will owe you the security deposit, regardless of whether the current owner has transferred the deposit to the new owner or not.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant who always pays their rent on time, if not early. They are on a month to month rental agreement,

And have not violate any terms of their contract. My husband want to give them a non renewal, but I told him we couldn't because they have done nothing wrong. What can I do, to get them out, because my husband will stop at nothing to get them out, and I don't want to be sued.

Gregory L Abbott
Gregory L Abbott answered on Aug 30, 2021

It depends upon where the rental dwelling is located and how long the tenants have been there. IF less than a year, you may have a relatively easy path. If they have been there more than a year, there are very limited permitted reasons for a landlord to either terminate an existing tenancy or to... Read more »

1 Answer | Asked in Collections for Oregon on
Q: Can a collector after 5 years of not hearing from them cause they got your address wrong charge u interest of 3000.

I have the letter I let them know of address change. 5 years later they call me at work and say I ow interest. And they had my address wrong. I payed them 50.00 before I moved and sent them a letter for the Ballance and never hurd back. I thought they were a scam.

Gregory L Abbott
Gregory L Abbott answered on Aug 30, 2021

You don't say what they are trying to collect - just a bill or a court Judgment? Either way, if the underlying bill is valid, then interest on that bill is likely to be valid as well. But if it is not a Judgment, then the Statute of Limitations may still be in effect. IF you have made no... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental property does not meet habitability standards at move-in can I legally terminate the lease?
Gregory L Abbott
Gregory L Abbott answered on Aug 30, 2021

It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can someone that took me in kick me out if I don’t get the vaccine?

They took me and my son in and I am pregnant and they are saying if I don’t get the vaccine then I have to move out. Can they legally do this. In linn county.

Gregory L Abbott
Gregory L Abbott answered on Aug 26, 2021

It depends on the details - but bottom line is of course they can get rid of you, it is their house! The only question is how soon and how much hassle it will be to do so. The answer to those questions depends on the exact details - how long you have been there; is there any rental agreement... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are our rights here? 90 notice.

Our landlord originally said that he wanted to sell the property and when we refused to have any people come in for showings due to having small children and covid-19 he decided to contact his attorney, which sent us a 90-day notice and a check for 1650.(equal to one month's rent) saying that... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 26, 2021

Substantial repairs requiring a tenant to vacate is a permitted reason for a landlord to issue a 90 day no cause termination of tenancy notice. Assuming the Notice contained the required information and was lawfully served, it likely is valid and likely enforceable. IF you move out and the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 25, 2021

Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Jackson county Oregon renter question

I competed a one year lease and have been month to month for the last 8 months, the landlord is moving out of the US and has hired a property management company to take care of the property. I was told the only way to make sure I wasn’t evicted (because my credit score is under the minimum for... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 17, 2021

As long as you have been there for over a year, a landlord can only terminate your tenancy without cause with a permitted reason - and they are few. Even then they have to give you at least 90 days advanced written notice and possibly relocation assistance if the owner owns more than 4 rental... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.