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Questions Answered by Gregory L Abbott
1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Currently have a court appointed lawyer who’s not really doing his job. The charge I face as well as the no contact orde

Order could of been dropped the same day I hade my hearing in jail. The alleged victim is trying to set the story straight based off information the police got on hearsay and it’s effecting our lives big time. My girlfriend is pregnant and needs me to be there for but with the no contact order in... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

If you truly don't get along with your court appointed attorney, ask the Judge for a different one. Court appointed defense attorneys are how indigent defendants are taken care of and are paid by the State. Why would any other attorney volunteer their time and not be paid when you have a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What was the allowed rent increase for homes within the city of Portland, Oregon for 2023?..

Ive been told it was 14% and then went down to 10% about July of that year statewide.. however, the city of Portland had its own guidelines which made it 10%.. im within the city of Portland and mine was raised 14%..

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

Actually, Portland uses 10% not as a rent cap but rather if more than 10% rent increase, a tenant could refuse, move out and force the landlord to pay relocation assistance. It also required the landlord to include a variety of notices of tenants rights with the rent raising notice.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own rental house in Portland Oregon and would like to end our fixed-term lease with the current tenant.

This is the first year of the lease, which expires 3/31/24. Can we terminate the lease without cause, and if not, what are the reasons we can terminate a lease during the first year of tenancy without having to pay relocation fees? Thank you!

Gregory L Abbott
Gregory L Abbott
answered on Jan 29, 2024

You need to start with what the written lease says about termination and/or renewal of the tenancy. Some leases automatically renew unless one of the parties provides notice of their intent to not renew - usually with a minimum advanced time period for such notice (30 days, 60 days, etc.). Under... View More

1 Answer | Asked in Consumer Law for Oregon on
Q: My daughter got a $21,000 car loan in my name and purchased a car from Ford.The dealer helped her fill out and lie on

The loan application to the bank. I want to take Ford and the credit union to court

. Do I have a case?

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2024

It depends upon the exact facts but likely not. You likely DO have claims against both the daughter and the dealer if you want to pursue them. If you do pursue claims against anyone else, I would expect them to sue your daughter as part of the proceeding - and she sounds to be the biggest culprit... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: I'm in a ongoing evuction from a landlord whos daughter asultes my son who is under age habe an restraining order on her

One side is hers one sidr is mine can I rent out a unoccupied room On my side if its unoccupied

Gregory L Abbott
Gregory L Abbott
answered on Dec 8, 2023

You most likely cannot rent out any part of your leased rental dwelling without the landlord's express permission - almost every residential lease contains a no subletting clause. If you are in danger of being evicted, for any reason, you wouldn't want to rent or sub-let anything at the... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate does not want to attend our first eviction court date. Can I go alone?

The papersates her name and all other occupants Not the names of the two other lease holders

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2023

Not only can you go on your own, you should to see what, if anything, you can work out with the landlord. Plus, if you don't go, a default Judgment is likely to be entered against you and you will have an eviction on your rental record, making it difficult to rent elsewhere in the future as... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 3-time violations and 90 days termination notice

My tenant has been living in the unit for over 3 years. First-year lease, then month-to-month. Having issued more than three violation notices within the last six months, am I legally allowed to terminate the lease with a 90-day notice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 5, 2023

Are these repeat violations or 3 separate? Your eviction rights likely depend upon what the violations are and how you previously responded - did you issue 30 day for cause termination notices? If so, you might be able to get rid of them with a 10 day, non-curable notice. You may want to consider... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Lanord perform shampooing the carpet at the tenant's expense after the tenant moved?

It was stated on the lease Landlord has the right to do house cleaning and shampoo the carpet at the tenant's cost when the tenant moves. The tenant provided an invoice for house cleaning services upon key release. However, upon inspection, the landlord discovered that only the carpet had been... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 5, 2023

It depends upon what your lease says. A landlord can only charge for carpet cleaning beyond just vacuuming IF their written lease tells the tenant that they will be charged for carpet cleaning after they vacate, regardless of whether they have it cleared themselves AND they had it shampooed before... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord charge early lease termination fee on top of my current rent?

They are charging me 1.5x of the rent as termination fee ON TOP OF my current rent, which is total of 2.5x of my monthly rent for just one month. They are keep telling me that the rent is not included in the termination fee, but as my knowledge and experience, they shouldn't be charging me the... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 2, 2023

Sorry but unless you have the most unusual written lease that I've ever seen, your landlord is correct. You didn't need to provide the 30 days notice (though it is undoubtedly appreciated) but the standard lease break penalty is 1 1\2 months rent. You owe rent for every day you are in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My (now ex) boyfriend allowed his mom and her boyfriend to stay temporarily at our rented house unauthorized.

This was 4 years ago and they are hostile and disrespectful. My former relationship was abusive and his mom is also abusive so I was always too afraid to speak up or confront them to leave sooner. They do not have a written or verbal contract to sublease nor do they pay rent but the mom claims she... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 29, 2023

This is not a do-it-yourself project. Nor do you have to wait filing suit until the restraining order is dismissed. Much depends upon the exact facts but eviction and landlord-tenant matters only apply when there is a landlord-tenant relationship and if she does not pay rent, there may not be one... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does not personally delivering a termination notice invalidate it?

My landlord wanted to serve me a termination notice. She said she was instructed by her attorney to deliver it to me personally but she has been extremely retaliatory and abusive so I didn't want personal contact with her. She said she would leave it in the laundry room that her tenants share... View More

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

Assuming you are talking about a rental in Oregon, yes, technically only three methods of service are valid - personal, by mail, and/or posted on the door and mailed if a written lease provides for it. Leaving it in the laundry room does not comply. A creative attorney for her might be able to... View More

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1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Why would a debt collector garnish my wages for a certain amount of time and then stop before the debt is paid in full,

only to start again two years later for the same debt on the same case number?

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

A Writ of Garnishment for wages expires after 90 days and a new one must be served if the creditor wishes to continue garnishing thereafter. The creditor may garnish (or re-garnish) anytime during the time the Judgment is valid. Interest continues to accrue on the debt of course until the earlier... View More

1 Answer | Asked in Contracts, Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: My landlord in Oregon used “landlord retaliation” to make me leave. Can I sue or counter sue them and in what court?

After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a tenant break a commercial lease?

I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More

1 Answer | Asked in Domestic Violence for Oregon on
Q: Hi I'm a victim of dv my boyfriend is locked up the DA want me to talk my question is what type of protection is offered

I Avoided the DA because me and my family are afraid and I have no transportation. So will they help with any of it

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

Talk to the DA and see what, if anything, they are willing to do. Being afraid to talk with them, however, doesn't really make much sense given that you probably are the star witness against BF so as soon as he gets out he may come looking for you in order to stop or at least discourage you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my landlord states, “even if there is no animal urine,” but continues to charge me. Can I fight them and win?

-I transferred units and they did not charge pet fee for my current unit.

-They also are charging me for bleach stain(s) however there was only one stain in one bedroom. Even their supporting documents show one

- they could not answer me when I asked them what bedroom are the... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 16, 2023

I am not clear as to your current status - are you still in possession and an active tenant or have you restored possession to the landlord, moved out, and now are dealing with the landlord's accounting and attempt to charge you? One bleach stain sounds to be chargeable to you and they should... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are landlords in Oregon and had a tenant refuse to renew a 1 year lease and the tenancy reverted to month to month.

We received an email 30 day termination notice from the tenant on the first of the month stating they were moving out the second week of the following month(40 day notice). The tenant is demanding that we refund the last 20 days of the month that they prepaid with a last months rent deposit since... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2023

Your tenant is correct that rent accrues and is prorated on a daily basis so they would be entitled to a refund of their prepaid rent for the balance of the month. However, that all is based upon their providing you with at least 30 days advanced written notice of their termination of tenancy.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Am I required to pro-rate rent of a month-to-month agreement if a tenant gives a 30-notice of termination in Oregon?

Our tenant gave a 30-day notice that she was terminating our month-to-month rental agreement on September 10. She claims that we are required to prorate for that period and only charge her for the 10 days she lived in the house in September, not for the full month of September. The agreement begins... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2023

It depends what you mean. IF she gave at least 30 days advanced written notice, and the notice contained all the required information and was lawfully served, then she owes rent through the 30 day notice date or when she restores possession to you, whichever is later. However, if that date falls... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: can a citizen take posession of a un attended dog in public? to me this seems seizure without due process.

there is a rise of citizent grabbing dogs that are loose in public. citizens are not authorized by law to do this. it violates the 4th amendment and is also possibly theft. citizens are subjective and provide no due process . property is property. dog or not. many agencies condone and promote this... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 10, 2023

It somewhat depends upon the circumstances. Most communities have leash laws and in most places, unattended dogs wandering anywhere/everywhere on their own are prohibited. Packs of wild dogs are not good for society and how is one to know, looking at this particular dog, if it is wild or a... View More

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