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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I paid a 1200.00 deposit. Gave 30 day notice I was leaving. I cleaned everything. I have pictures and I receive 100.00

Also landlord sent me a letter stating I left things ɓehind. I have witnesses. How should I dispute this.

Gregory L Abbott
Gregory L Abbott
answered on Dec 13, 2023

If you dispute the amount taken from your deposit, you are free to sue the landlord for twice the amount wrongfully withheld

You can do this in small claims court if it totals less than $10,000 or in regular circuit court for any amount though you likely want an attorney for that.

1 Answer | Asked in Real Estate Law for Oregon on
Q: how important is it for the realitor to disclose information such as property tax laws to a senior citizen and easments

I bought a property in Toledo OR last March and a water line broke, I understand that it is my responsibility to fix the damage because the water meter is on my property. It is located across the street on a hill. I was not told by escrow or my realitor that I actually owned the road in front of... View More

Theressa Hollis
Theressa Hollis
answered on Jun 7, 2023

Despite the fact that you are a senior this isn't actually an elder law question. You may do better posting this in the topic of real estate. As far as I know the realtor had no duty to warn you that your property taxes were likely to increase in the future. You would have been able to see... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Native American Law and Probate for Oregon on
Q: Is there a statue of limitations on Indian land trust in Oregon? If i have living will that bequeath as me as the heir

I am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes.

James L. Arrasmith
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answered on May 5, 2023

I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Oregon on
Q: Can Oregon take my home if my mother left it to me and she signed a waiver to the state for home health care. She is dec

Eased and I am disabled

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Wat does a notice of entry of judgment limited mean
Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

It means that some sort of Judgement was entered by the court in a case in which you are listed as a party. If you want to know more, you need to either access the court computerized records or talk with a clerk at the court where it was entered.

1 Answer | Asked in Real Estate Law for Oregon on
Q: I inherited property. The man I inherited the property from has a sister who has a mobile home on the property .

Do I have to buy the mobile home

Anthony M. Avery
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answered on Mar 2, 2023

Probably need to hire an OR attorney and sue sister for possession (eviction). MH might be considered a fixture which you take, but has a certificate of title.

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: What statute of limitations apply to tenants by the entirety deeds that are challenged by grantor's heirs due to fraud
Seth Meyerson
Seth Meyerson
answered on Jan 25, 2023

Generally, seven years for fraud. See an attorney, there may be facts that allow more time based on the later discovery of fraud.

1 Answer | Asked in Real Estate Law for Oregon on
Q: My HOA is placing a large assessment on my home, and will not show me where my money was spent

HOA has never once had a meeting or vote, however, treasurer owns 13/20 homes in the HOA, and has been "voting" by himself, winning by majority. I am selling my home and told of an 9200 assessment due to depletion of funds and to pay off a loan they took out without notifying homeowners.... View More

Katherine Goodman
Katherine Goodman
answered on Oct 21, 2022

There is no question for any attorney to answer on this platform.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
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answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have a renal agency coming after me for money and it has been 2 years and 2 months since I moved out, is this legal?

Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Does a real estate attorney cover everything pertaining to the sale of a home?

Would this cover all the paperwork needed to sell the house?

Katherine Goodman
Katherine Goodman
answered on Jul 13, 2022

Not all real estate attorneys practice every facet of real estate law. You will need to contact the attorney to find out if they can assist you with the area of law you need help with.

good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do tenants have right to cure in Oregon with 30 days notice?
Katherine Goodman
Katherine Goodman
answered on Jul 12, 2022

It depends on the violation of the lease agreement. Under Oregon Law certain violations allow the tenant 14 days to cure the violation and if the violation is not cured by the deadline stated within the Notice to Cure, the tenant's tenancy will be terminated within 30 days of the notice being... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I recently bought property from a friend. We closed escrow May 13 but she won't leave. What do I do?

We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... View More

Anthony M. Avery
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answered on Jun 14, 2022

You will have to hire a competent OR attorney to file an eviction proceeding.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I live in Oregon. My son is occupying the house I own without my permission by force and refuses to leave. What do I do?
Katherine Goodman
Katherine Goodman
answered on May 24, 2022

If your son is trespassing on the property, you should call your local police department. However, you may need to consult a local landlord tenant or real property attorney to assist with ejectment. It sounds like you do not have a lease agreement with you, but there are a lot of facts that could... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: My neighbor has trees/ bushes growing into our yard and knocking down the fence between us. Can I do anything about it?

I've asked him to trim them he said No, but I can trim what grows onto my property. I have to pay a landscaping company, how is this fair?

The fence is in terrible condition because of his overgrowth, replacing the fence will cost me thousands and the problem will still persist. What... View More

Katherine Goodman
Katherine Goodman
answered on May 20, 2022

There are a lot of facts that could change the answer to your question such as if the fence is on your property or your neighbors, do you and your neighbor have an easement agreement, and/or your properties apart of an HOA committee. You should contact a local real estate firm to discuss your... View More

1 Answer | Asked in Real Estate Law and Elder Law for Oregon on
Q: Removing trustee from the Deed.

I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... View More

Theressa Hollis
Theressa Hollis
answered on Apr 11, 2022

I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.

1 Answer | Asked in Construction Law and Real Estate Law for Oregon on
Q: My wife and I rented a condo. Construction next door knocked out a pipe and the entire complex had no water for 52 days.

It was during the holidays and we were forced to put a hotel on and meals on our credit card. Recently the insurance company agreed to pay for all but 20 dollars a day for our meal expenses. The entire situation really put us in a bad spot and now the insurance company for the construction company... View More

Katherine Goodman
Katherine Goodman
answered on Mar 29, 2022

If you have not contacted your landlord about reimbursement of the unpaid bills you can contact them as the landlord's insurance should pay for those as well. Additionally, as you are a renter you can contact a local landlord tenant attorney for advice on how to handle the request for... View More

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: We bought real property from our Father.

The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... View More

Theressa Hollis
Theressa Hollis
answered on Mar 15, 2022

It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... View More

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