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Questions Answered by Gregory L Abbott
1 Answer | Asked in Consumer Law and Banking for Oregon on
Q: Any regulations for a bank such as Chase to require both signatures if a check is made out to John Doe and Jane Doe?

Check was deposited to individuals account not a joint account and it was to be divided equally.

Gregory L Abbott
Gregory L Abbott
answered on Aug 24, 2022

They should require two signatures IF the check was made payable to one person and a second one. If it was just payable to the two names without the "and" included, then either could cash it with just their signature. Instead of "and", an "or" is legally implied.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is there a time limit on this where the tenant can recover damages?

He was only out of his unit for 2 days and was living under a temporary occupancy agreement, It involved a domestic dispute where the defendant was shoving the other tenant.

Gregory L Abbott
Gregory L Abbott
answered on Aug 11, 2022

There is always a time deadline for filing a claim. What it is depends upon what violation is being claimed and against who. 1 year is the statute for claims arising out of a residential rental agreement or Oregon's Residential Landlord Tenant Act. But negligence is 2 years. Other causes of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Had inspection then received a notice we have to pay for repairs normally associated with moving out due Aug 18 in full

A bill almost equal to the rent for blinds painting door replacement ECT. Making our lives so stressed

They want to come in and inspect again and the 15th I believe and it states that we might incur more fees what can I do I can't afford 500 for a door even 500 hundred dollars by... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2022

The issue is not the timing - it is whether you are responsible for damage beyond ordinary wear and tear. If so, you likely owe the cost of replacement/repair. A landlord does not need to wait until you move out to do repairs. Indeed, many prefer to constantly keep their dwelling unit fully... Read more »

3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Aug 1, 2022

Depending upon the circumstances, a month may or may not be reasonable for replacing windows. Regardless, as my colleague says, be sure to notify management in writing of the problems and your demand for immediate repairs. You don't have the authority directly to evict the problem tenant but... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Did my landlord enter my unit without consent?

I submitted a repair request through a platform and under access instructions I wrote, "ask when I'm home," so they would schedule a time with me. They came by while I was getting ready to shower so ignored the knock but after about a minute they entered my unit and I had to run to... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 28, 2022

When a tenant submits a maintenance request, it is an automatic permission to enter during reasonable hours for the next 7 days - unless it is expressly qualified otherwise in the request. "Ask when I'm Home" is not sufficient, in my opinion, to deny a landlord's automatic right of entry.

1 Answer | Asked in Landlord - Tenant and Contracts for Oregon on
Q: So I have a bunch of questions, 1. Can you sue someone who evicted you during covid when not allowed and lock change

Also kept deposit and all my stuff

Gregory L Abbott
Gregory L Abbott
answered on Jul 25, 2022

It is unlikely that someone actually evicted you when they were not allowed to - if you believed they were not allowed to, you should have taken the matter to court and had a Judge dismiss their efforts. If, however, you simply moved out as a result of their request, that is not really evicting... Read more »

1 Answer | Asked in Collections for Oregon on
Q: Can a circuit court in Oregon sell real property such as a primary residence and put the occupants homeless

In order to pay a judgement of the court can a primary resadence be sold and the occupants made homeless

Gregory L Abbott
Gregory L Abbott
answered on Jul 25, 2022

A court normally reviews the matter before ordering a property sold but as long as the statutory niceties are complied with, absolutely a residence can be sold to pay a debt. I am unclear why you would think a house would be exempt from sale or why a debtor could avoid paying their debt by using... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My wife and I are representing our son who is currently unable to manage his affairs.

He requested for us to terminate his lease and move him out.

Landlord stated we needed a POA. Our son has not been able to issue us a POA.

We have access to his portal at the landlords website, and paid his rent through their portal.

Is a POA mandatory to terminate our sons lease for him?

Gregory L Abbott
Gregory L Abbott
answered on Jul 22, 2022

The landlord has a right to insist upon proof of authority if someone else wants to terminate your son's lease. I am unclear as to his status, but presumably he originally signed the lease. If he has capacity to sign his name still, and understands what he is doing (which seems likely if he... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does Portland ordinance for tenants supersede my short term guess agreement with my tenants

I have a condo in SE and let in two people just prior to Covid with a short term guess agreement so we can see whether the relationship as tenants will work out. They are tending to the condo, but as of 4 months one of them has not paid rent as she is looking for work and financial support.... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 22, 2022

If you have a residential rental unit within the Portland city limits, you are subject to Portland's ordinances and relocation payment requirements, unless you are exempt by the Ordinance. As my colleague points out, you can terminate their month to month tenancy with at least 90 days prior... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord terminate my lease and give me 30 days to move out because she’s selling the house ?

I live in Portland Oregon she’s tried to accuse me of having an extra tenant which it wasn’t it was a visitor. That had just come over then she tried to say I was in violation of my puppy I got rid of my puppy the next day then she said she’s selling the condo that’s why I have to move . My... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 9, 2022

Assuming your rental dwelling is within the Portland city limits, and you have been there for at least a year, you have to be given at least 90 days advanced written notice and that notice cannot be issued until after the landlord has accepted an offer to buy the dwelling from a buyer who certifies... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Personal Injury for Oregon on
Q: Who is responsible 4 damage caused by third party installation company (water damage/asbestos disruption in a rental)?

Washer/dryer, delivery/installation were purchased directly from a big box store (BBS). BBS hired a third party for D/I. Install done incorrectly, water flowed from washer during first cycle. Installer admitted & corrected install. Damage repair requires asbestos abatement. BBS says not... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 5, 2022

I agree with my colleague and also that many variables could change the advice and/or outcome. That said, it appears reasonable to think you likely have claims against both the BBS and the installer if BBS is one that retained the installer to do the job (let them sort our which owes what) but... Read more »

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: What can I do if I hit a settlement but I didn’t want a settlement I asked my attorney I want trial

I took my rental manager to court after giving me 6 eviction and not fixing a leak and mold grew then the floor needed to be replaced I gave my attorney all fotos with evidence but he only presented one of a wall with mold nothing els I should of gotten 3 times my rents work but only got 12000 i... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 1, 2022

If you didn't agree or want the settlement, you should have declined it, even firing your attorney if you believe it warranted. But now that you accepted it, you live with it. Own your actions - and regardless, the court is likely to require you to do exactly that.

1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Gregory L Abbott
Gregory L Abbott
answered on Jun 28, 2022

If he will not voluntarily return the cat, you will likely have to file a civil lawsuit in your local County Circuit Court asking a Judge to order the return of the cat.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Comm- tenant rights/sublessor refuse written lease but a year-to-year agreement increases each yr

subleasing-1st year - Cohort approval and assignment of volunteer services in exchange for part-time workspace. 2nd year- automatic Cohort approval. office space and use of general areas in exchange for 20 hr. volunteer office coordinating training/ work & cleaning.

3rd-year backup... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 27, 2022

If you have agreed to a commercial rental without a written lease, it must be on a month to month basis. Among other things, that means the landlord can change the terms, space, rent, etc. at anytime with 30 days advanced notice. If you want something more stable, either get a fixed term written... Read more »

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

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... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord legally disregard a maintenance request because i owe unpaid rent?

I am on housing and have lived here since 03/2022 and my fridge has not worked since i moved in i informed my manager and she still hasnt sent someone out to fix it but she never forgets to ask me about my unpaid rent. Which os a whole other story. My question is can she legally procrastinate on... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 7, 2022

No, a landlord has the absolute obligation to maintain appliances and the dwelling in general as long as the tenant is in possession - regardless of rent payment status. Be sure you document the times you have reported the problem or requested maintenance. Once it has gone 10 days or so without... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to be pointed in the direction to file against my landlord. Due VERY UNSAFE dangerous situation by a tenant

Tenant in our bldg is severe fetynal/ meth user. He's been a a problem before we moved here last June. Been 7 months w/ us. Partner mental health is effected, I never had hi blood pressure. Dude has literally torn wires out of his walls sheet rock cut out, holes, literally he demolished it.... Read more »

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2022

I am unclear as to your goals. If it is to get rid of the fellow, that takes consistent, persistent pressure on the landlord. If the fellow is going to be out in a few days anyway, then your goal may simply be to recover some damages from the landlord. Whether that is likely takes a very... Read more »

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?
Gregory L Abbott
Gregory L Abbott
answered on May 31, 2022

You need to review everything in detail with a local landlord-tenant attorney. Your choices are likely to be filing in court to evict him if there legally is a landlord-tenant relationship between you. It may not be as clear cut as it may seem. If there is no landlord-tenant relationship, then... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need help with a tendent that we had to evict
Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2022

Without further information, there is nothing for me or any other attorney to comment on or help with. If it is more than just a specific question, you are likely to need at least the consultation, if not the outright assistance of, a local landlord-tenant attorney. If that is likely, just make... Read more »

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