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Questions Answered by Gregory L Abbott
2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?

I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2024

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to charge me for water and sewer when my neighbor provides me water with his well
Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

What does your lease say? Your landlord's water is presumably metered and hooked up to your pipes. How is the neighbor's water acquired? Do you have septic or does your neighbor provide some sort of sewer service as well? Since water and sewer are frequently billed together by the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: set to move out on Sept 23rd. Gave our landlord 30 day notice on aug 22nd. Rent is due on the 1st. will it be prorated?

We move out by the 23rd of September, gave our 30 day notice on the 22nd. Rent is due the 1st of each month. Will we have to pay for all of September, or just through the 23rd? We are moving because we have had bed bugs for 6 months and they have done little to nothing to solve the problem(they... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

First, depending upon the details, notice given to the landlord, etc., you may have claims back at the landlord for failing to remedy the bedbug issues. If you want to consider that, review things with a local landlord-tenant attorney.

As for pro-rating the rent, yes, if you have noticed...
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2 Answers | Asked in Animal / Dog Law and Criminal Law for Oregon on
Q: If you return a stolen dog in oregon can you still be charged
Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

Of course you can - if you stole it to begin with. But you are a lot less likely to be charged and if you are, it likely would be a reduced charge or the D.A. is likely to agree to a much more favorable plea bargain than they would if you knowingly refuse to return the dog you stole.

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Im desperately looking for help for I believe wrongful determining my dog as viscous in court that was had without me

He's not at all or mean. He's too playful if anything and gets too excited mildly hurting a child and they're trying to take him from me I am disabled

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

You don't say where or what specifically was determined or what entity determined it. Generally though the time to get help is before a court hearing, not after. You admit a child was injured by the dog. Without a good reason, that alone may be sufficient to classify it as being dangerous.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: In Oregon state, if breaking a lease (90+ days before move-in), what is the landlord's obligation to find a new tenant?

Rental is an apartment building, whose manager claims there is a waitlist to get in. However, they will not advertise nor communicate lease takeover availability to the waitlist, because they are charging higher rent than what's in the lease. Lease was signed 10 months before move-in date.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2024

Much depends upon what the lease says. IF it contains an early termination penalty clause, the landlord is free to assess up to a 1 1/2 mo rent penalty for early termination, according to the written lease provisions. If there is no such pre-payment penalty, the existing tenant can be on the hook... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my lanord start eviction process on the weekend- multnomah county oregon

I live in portland, oregon and am on section 8. On the 5th of this month, my landlord informed me section 8 did not pay my rent this month and when she called they told her my recertification was 6 mnths late. She then told me I was responsible for the entire rent amount or she would start... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 9, 2024

No worries. Eviction suits can only be filed Mon-Fri. Plus they can't file without first having given you a 10 day (no longer just 72 hr) written notice, containing all the required information and having it lawfully served. Even then, once an eviction suit is filed, your first court... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My 1-year lease expires on 7/31. Have not received notice or renewal offer yet. Can they raise rent on new lease offer?

City: Gresham, OR (Multnomah County), have been in unit for more than 5 years already, no violations or late payments, - If they don't send renewal by 6/1, what should I do?

Gregory L Abbott
Gregory L Abbott
answered on May 21, 2024

You need to carefully read your lease regarding renewal and termination. Some leases terminate automatically unless the parties have agreed to renew it. Most automatically roll into becoming a month to month if there's no agreed renewal of the fixed term lease. Still others require at least X... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord deny heat, not give copy of lease agreement ,favor other tenants, not reply to emails, 90.392(3) ?

These people are boldly lawless. They have lied to us many times, allowed their friend/tenant to stalk my daughter, never clean up his messes, said his stalking wasn’t illegal & his messes aren’t lease violations. The situation escalated & we argued with Ben, he told my daughter he... View More

Gregory L Abbott
Gregory L Abbott
answered on May 19, 2024

If you are out tomorrow, the on-going problems sound to be resolved. You may or may not have claims against them so once you are out and resettled, consider reviewing everything with a local landlord-tenant attorney. You have up to a year after an event occurs to bring suit before the statute of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord's lawyer constantly demanding records, landlord hasn't instructed me to talk to lawyer no lease.

We moved in with the understanding "Rick" is our landlord. After living here a year, Rick's brother "Jim" and Jim's wife "Stacy" started playing the role of landlords too. Then Jim and Stacy's lawyer also begins emailing me constantly demanding our out... View More

Gregory L Abbott
Gregory L Abbott
answered on May 5, 2024

You ignore an attorney at your own peril and they could be risking the loss of their law license if they told you that they represent someone when they don't. Without a written lease, you have to be on a month to month tenancy. So if you have been there less than a year, and are not within... View More

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: I have a debt collector threatening to sue me for a medical bill that has occurred in 2006.

Can he do this even though the statue of limitations has expired?

Gregory L Abbott
Gregory L Abbott
answered on Apr 28, 2024

IF the Statute of Limitations has truly passed (likely but depends upon the details), then not only do they likely not have a case, but you may have unfair debt collection practices claims against them. Beware. A common tactic is to try to get you to pay something - even just a few dollars "to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon, can my landlord choose not to renew my lease after 3 years?

Hello, we live in Gresham Oregon in Multnomah county, we are extremely close to the border of Portland.

We’ve lived in our rental since June 1st 2019. We’ve have fixed term leases every year, we have had no violations in the last 12 months and in our lease it says our lease will convert... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2024

He doesn't need to renew for a fixed term but neither will he be able to terminate your lease without cause except for a permitted reason (which also would allow him to not renew the lease or have it rollover into a month to month tenancy now if he had a permitted reason and desire) and then... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What tenant rights does my ex wife have or her roommates have after I buy her out?

My ex wife is living in the family home and reimbursing me for the mortgage. She has two roommates that have been there for over a year. One pays weekly rent. The other may be some kind of trade. I don’t think there is a formal rental agreement either.

I am planning on buying her out in... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

Your concerns are likely justified. If she is a part owner, she is not a tenant and has no tenant rights (at unless you give them to her by allowing her to stay past the statutory period. The others sound to be valid tenants - but whose? If you co-own the house, then yes you already are a landlord... View More

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

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