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Oregon Questions & Answers
1 Answer | Asked in Criminal Law for Oregon on
Q: What is the penalty in Oregon for violating Or. Rev. Stat. Ann. § 165.540
Aubrey R Hoffman
Aubrey R Hoffman answered on Jun 21, 2021

Violation of subsection (1) or (2)(b) is a class A misdemeanor. Class A misdemeanors are punishable by up to 364 days in jail and a fine of up to $6250.

1 Answer | Asked in Criminal Law for Oregon on
Q: My attorney said case law prevented use of evidence He was lying. Is that o.k.?
Aubrey R Hoffman
Aubrey R Hoffman answered on Jun 21, 2021

The Rules of Evidence limits the types of information/evidence that can be brought out at trial. Depending on what type of evidence you are attempting to use, there may also be case law that limits it’s admission.

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Oregon on
Q: We were never asked to buy the property we have been renting for almost 2 years ...

We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here

Gregory L Abbott
Gregory L Abbott answered on Jun 19, 2021

Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Salem or 12 yr daughter depression doc companion pet landlord now said get ríe of it 24 hrs

My daughter has depression cuts her arms landlord knows about this but refuses to let us keep her pet with doc notes and mental Heath doc can landlord force us to get rid of the pet or evict us 24 hr

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

It all depends upon what grounds the landlord is asserting to terminate your tenancy. They cannot terminate it because you have an emotional support animal ("ESA") that has been properly "prescribed". They can, however, require you to remove any specific, particular emotional... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm in Corvallis, OR. Can a LL charge lease break fees with SB 282 in place? The bill doesn't say much about it.
Gregory L Abbott
Gregory L Abbott answered on Jun 15, 2021

Of course - any/all of the Covid moratorium rental restrictions apply to landlords either terminating a tenant's tenancy due to failure to pay rent or without cause. Neither apply to early termination fees - these are imposed only when a tenant elects to terminate their lease early. If they... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hey so I’m renting a house and just had a new born today came home and had a letter saying there showing the house

Hey so I’m renting a house and just had a new born today came home and had a letter saying there showing the house Ever since I called the city/ county for her to make repairs of a septic and oil tank leaking they took matter in there own hands and email her for the septic charging her and the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 15, 2021

A landlord has the right to sell the rental dwelling if they wish but they still have to provide at least 24 hours advance notice of their intent to enter to show the dwelling. You do not have to allow any specific showing but are not free to ban all showings. You can require that those that... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord kick you out so they can raise the rent

We have leased a commercial building for over 5 years a new landlord came in a year and a half ago we signed a year lease with terms of rent increase every Jan of 150 this last Jan he didn't bring a new lease but informed the rent hike and now has given us a 30 day notice we do events in this... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 15, 2021

Any cap on raising rent in a commercial lease depends upon the terms of the rental agreement. Without specified limits, a landlord is free to raise the rent any amount they wish - for an existing or new tenant. It is why most commercial renters insist on multi-year leases so they can plan and... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Can I patent a primality test?

I created a faster primality proving equation. Can I patent it?

Peter D. Mlynek
Peter D. Mlynek answered on Jun 12, 2021

No.

You cannot patent mathematical concepts. But you can patent a machine that relies on your particular primality test, or related products or methods.

2 Answers | Asked in Probate for Oregon on
Q: Mom died. All her assets are in a trust. Do I (trustee) have to file her will if it has nothing to probate? Thanks.
Theressa Hollis
Theressa Hollis answered on Jun 9, 2021

No, if none of your mother's assets are in her name alone then no probate is needed. I do recommend you consult with an experienced attorney to make sure you understand your duties as Successor Trustee. Often this is just a one-time consultation but can be very important to ensure that you... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Will a personal guarantee survive the death of guarantor and can full debt be collected from his estate?
Theressa Hollis
Theressa Hollis answered on Jun 9, 2021

All valid debts (claims) will be paid through an Oregon probate. The validity of the debt will be evaluated by the Personal Representative. If a claim is disallowed by the Personal Representative the creditor can ask for a hearing and the Probate Judge will determine the validity of the claim.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent out a room in my house in central OR. Are there covid restrictions to evicting a tenant that is not working out?

I am in Deschutes Co. There are personality and lifestyle issues that make it uncomfortable in my home (nothing illegal though).

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

Yes, there are special legislative restrictions on terminating tenancies at least until July 1st. Even thereafter, you can only terminate a tenancy either for cause or without cause - and if without cause, it must still be for a permitted reason. The financial penalties to a landlord who makes... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I qualify for low income housing, I’m trying to break my lease.

My apartment manager says with my 30 days notice, I have to pay in full before I move out to break my lease. My name on the waiting list have been for a year and a half, I’m a single mom. I asked if I could make payments because I don’t have the money to pay all that in full, and pay my new... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 5, 2021

Your manager is correct about you being obligated to move out once you give written notice - he does not have to let you change your mind about either the date or if you are going to leave. He is wrong however about you having to pay any penalty before being able to leave. Make no mistake - you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I been living at my house for 1.5year and my landlord has gave me a 30day for cause eviction Can I ask for relocate $
Gregory L Abbott
Gregory L Abbott answered on Jun 3, 2021

You can ask but relocation assistance is only owed in no cause terminations and only if the landlord is not otherwise exempt.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord tried to kick me off property after being one day late on rent. He told me I have a few days. I refused

Until I has another place. 3 weeks later the barn and my trailer burned it was a complete loss. He didn't want to fix the electrical problem. So I had to start using a generator for power. That's what started the fire. So they say. He sexually harrased me the whole time I lived on his... Read more »

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

I am not clear what you are asking. If the property burned, the landlord's insurance (if he does have any) is not likely to cover your property losses - that is what tenant insurance is for. If you had tenant insurance, you should have filed a claim. Same as to your motorcycle. If you do... Read more »

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Child Custody for Oregon on
Q: My wife assaulted me, she filed a false restraining order and kidnapped our kids and is using emotional blackmail.

She emotionally blackmailed me into not submitting any evidence at the trial, so she was found innocent. Now she is using the restraining order and the threat of arrest as blackmail to take full custody of our children despite me offering several reasonable alternatives involving joint custody. Can... Read more »

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

It is not clear exactly where things currently stand. It sounds as if she assaulted you, was charged, went to a trial in which you failed to testify to the facts and she was found not guilty. She also obtained a restraining order against you prohibiting you from having contact with her or your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A friend was just evicted from an apt complex in Salem, Or due to her dog being off leash. Is there any recourse?

Animal control had gone out there but did not file a case, as there was no law broken from their perspective. No injury occurred due to this event

Gregory L Abbott
Gregory L Abbott answered on May 28, 2021

When you say they were evicted, do you mean they were told to leave and did? Or was an eviction lawsuit filed and they lost? Or is a lawsuit still going on? If they voluntarily left, or if they went to trial and lost, it likely is too late to do much. Otherwise they should immediately review... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: See below

I have a question - I put in a proper 2-week notice on May 17th with May 31st being my last day of the 2 week notice.  I understand I forfeited all but 16 hours of my vacation according to HR and company’s policy around 2 week notices.  The 31st is a holiday and our HR Generalist moved my Exit... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 27, 2021

Holiday pay is not a legally controlled item, it is only a company policy, so you would have to look at your company's policies. That said, while you may not have control over holidays, you did have control as to when to put in your notice, and Memorial Day has been scheduled on that date for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is a 'Move in fee' allowed in Oregon?

Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?

Gregory L Abbott
Gregory L Abbott answered on May 27, 2021

One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month to month if I give a 30 day intent to vacate and then can’t can they make me leave on the exact date I listed

I am having a home placed and issues came up with permits and my move date needed to get pushed back a couple weeks and the manager said “no I can’t make an acception I have no wiggle room your apartment is already rented” I have no where to go with my kids

Gregory L Abbott
Gregory L Abbott answered on May 27, 2021

A landlord can hold you to whatever date you have submitted as your move out date - and, as you note, can rely upon it for re-renting purposes. That said, if you fail to vacate on or before the date specified, the only thing the landlord can do (besides stew, fume, rant, etc.) is file to evict you... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Q: My employer pressured me to come back to work without Dr's clearance and now my injury has been exasperated

Last year I fractured my scapula in a non work related injury. I was on short term disability and pressured to come back without a Dr's clearance due to staff shortages. Due to lack of employees light duty is not possible and now almost a year later my shoulder still throbs and I can't... Read more »

Tim Akpinar
Tim Akpinar answered on May 25, 2021

An Oregon attorney could advise best, but your question remains open for a week. If there were attorneys involved in either the original injury claim or STD claim, they might be starting points as your first option in seeking direction. If you do not have attorneys associated with those aspects of... Read more »

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