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Oregon Questions & Answers
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 Family Law for Oregon on
Q: I'm mother refuses to identify my biological father. Can I take her to court to I.D. him ?

i'm 46 years old

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 10, 2021

Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... 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 Personal Injury, Construction Law, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Im victim of arson .fire happen august 2019, fire coming from one of the unit 3rd floor causing the whole building total

Total lost ,is been 2 years now the condo 70% done sudenly there 2 things hapend our porsonal insurance says we have to move out of tenporaly housing.and the unit that cause fire lawyer text us about how much amount that they(farmers) owe us. I dont want answer i need advice

Tim Akpinar
Tim Akpinar answered on Sep 7, 2021

An Oregon attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and the loss of your home to fire. When you say you want advice, not answer, you may need to consider a consult with an attorney (if you don't have one already, where the attorney... Read more »

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 Criminal Law and DUI / DWI for Oregon on
Q: 1. How do I get a dui and reckless endangermeant reduced?2. How am I able to get neglect taken off my record?

I was charged with a dui and reckless endangermeant while I was on my prescription medication I didn't have an accident but was swerving on the highway with my daughter in the backseat. I don't remember anything about the incident. I have much more details about the case and that day but... Read more »

Virgil Royer
Virgil Royer answered on Sep 4, 2021

First, and foremost, consider yourself blessed that nothing worse happened and your daughter is alright and safe, as are you. Second, the fact you "don't remember anything about the incident" is troubling. But, it highlights the seriousness of what occurred. The fact that you were... 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 »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2021

Yes, there is such a thing. However, you I’ll most likely find that the premium is about equal to the death benefit at your mom’s stage in life.

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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 Estate Planning and Probate for Oregon on
Q: How do I file a hearing and what state do I file in ?

My daughter has my mother change her will and put her in charge. Daughter has kept all the assets and ignored the will. My mom had the will made in California where she lived . Before her death she moved to Texas with my daughter where she passed. Which state would I file the hearing in? My mother... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 27, 2021

If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.

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