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Questions Answered by Gregory Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord charge a separate late fee for flat rate utilities due at the same time as rent

I am being charged 100.00 late fee for rent being late. My rent is 44.00. I am being charged a late fee of 50.00 for my utilities also being late to be paid the same time as rent they are 75.00

Gregory Abbott
Gregory Abbott
answered on Oct 7, 2022

If your rent was more than 4 days late, the landlord may charge a late fee assuming it is specified in your written lease agreement. $100 in my opinion is not an unreasonable late fee amount, assuming your total rent is more than $44 - i.e. someone else, such as a government program, is paying the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are safety-related window screen requirements for rental homes?

Most of the windows in the one-story home I recently rented out do not have screens. The tenants have asked to have screens installed so that their pets don't escape. When I declined the request today, the rental management company told me that I need to have screens installed in all of the... View More

Gregory Abbott
Gregory Abbott
answered on Sep 30, 2022

I know of no legal requirements for a landlord to provide window screens, especially if on a single story. Your insurance company might want it (though how much protection from falling does a screen actually provide?) and in the interests of protecting yourself, with the new lease paperwork you... View More

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Gregory Abbott
Gregory Abbott
answered on Sep 30, 2022

There is NO where near enough information here to tell you anything. What sort of violation? How did it impact other tenants? Even if not, what actual damage did any of the tenants suffer? You likely do not have any meaningful claims but depending upon the details, it is at least theoretically... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are renting a home for 3 years in Josephine County. My adult children live there full time and I am there part time.

I just received an email that states she plans to evict us if we do not giver her 30 days notice. There are some other very uncomfortable issues. Rent has always been paid on time. She did an inspection in May took some pictures and now is telling us to get out and not to repair the minor items... View More

Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

You don't say the basis she alleges for being able to evict you. IF you give her 30 days notice it will be enforceable against you and you cannot retract it without her permission. IF you do NOT give her 30 days notice, she likely cannot evict you (since you have been there more than a year)... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Went m2m after 10 years w a lease because buying first home. Landlord wants a 6 month lease In winter or 200 increase

Lived with a lease in rental 10 years. Finally going to be able to buy property so I wanted to go month to month so I can move out when ready. Was told that would b fine but after october I'd need to sign a 6 month lease to keep rent the same amount or I would have to pay an additional 200... View More

Gregory Abbott
Gregory Abbott
answered on Sep 1, 2022

Unless your landlord is exempt from the rent control cap (currently 9.9% maximum raise in any 12 month rolling period) - is the dwelling less than 15 years old? - the 9.9% is the largest rent raise allowed. IF he tried to raise it more, you likely are entitled to recover 3 months rent plus and... View More

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I Rehomed my older dog.

I rehomed him and I told him about all of the dog dietary issues and about his anxiety. He took him and then two weeks later he told that he was having issues with him. I told the new owner we couldn’t take him back due my new living situation. The new told me a week later that he had found him a... View More

Gregory Abbott
Gregory Abbott
answered on Aug 22, 2022

You should shut up and say absolutely NOTHING to anyone except your attorney. You have no legal obligation to discuss the matter with anyone, including the police if they become involved. Doing so can only hurt you and be twisted to be used against you. It likely will simply fade away as an... View More

2 Answers | Asked in Civil Litigation, Small Claims and Probate for Oregon on
Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?

He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what... View More

Gregory Abbott
Gregory Abbott
answered on Aug 22, 2022

Consider reviewing everything with a local probate attorney. As a general rule, a deceased's debts have to be paid in full before anyone gets to inherit anything of value. You may also be entitled to be paid storage charges before being required to turn the car over to anyone else.

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does an apartment not providing timely repairs and not fully helping with noise issues let us break our lease?

At the apartment I am currently living in, in Oregon I am having issues with the apartment complex fixing issues in our apartment in a timely manner. For example, we put a maintenance request in June and they still not been completed. We also have been having noise issues with our Neighbors since... View More

Gregory Abbott
Gregory Abbott
answered on Aug 19, 2022

The key to getting repairs made is persistence and good documentation. Ultimately, if absolutely necessary, you can seek a judicial order requiring the landlord to make the repairs. You may, however, be entitled to pay reduced rent while the defects persist. The same with the noise issue. The... View More

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