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Questions Answered by Gregory L Abbott
1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Are there any pro Bono or low cost/payments attorneys near 97801 that can help me file a civil suit against someone.

Thousands of dollars = $10,000.00+.

Gregory L Abbott
Gregory L Abbott answered on Jul 30, 2021

If you qualify financially, contact the Oregon State Bar Association's Modest Means program for names of lower-cost attorneys in your area.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on
Q: My land lord gave me 5 eviction 2 no cause the apartment had a water leak took them 8 months to fix molded floors

None licensed person fix but used other products now it’s falling apart stove didn’t work fridge too I had to buy a fridge we had an arbitrator he slept threw the whole thing and took him 57 days to give a tilling to the landlord I have pics of the entire thing now the city inspected a... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 30, 2021

It is unclear what, if anything, you are asking. You apparently already have an attorney and they are the person to talk with - they know your case better than anyone reading a few paragraphs in an on-line forum. If you no longer trust your attorney, fire them and get a new one that you do trust.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have any legal rights if no contract or lease was signed?

We have a landlord that is refusing to resolve a water issue resulting in no water being provided, and is stopping us from bringing in water via a truck. They have turned their pigs loose which have been on the property for 2 years and have been asked repeatedly to take care of them. They are... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 26, 2021

Your posting does not begin to provide enough information to even understand what is going on, let alone analyze the legal positions. Subleasing is usually prohibited in most - but not all - residential leases, at least without the true landlord's written permission. Beyond that, landlords... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I paid rent on time etc. Do i have to pay a lease break fee if i never signed a lease and want to move out?

She told me I could move out with no penalty but she wanted to start showing the house while I still live here. I do not agree to that but she says that I did because she thinks I sign the lease. She does not remember that we never signed it. I am very uncomfortable with strangers in my living... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 25, 2021

You do not have to let prospective tenants tour your home - but be sure to tell your landlord no and be able to prove it. If they enter anyway, document it since it likely is worth a month's rent to you. If you have no signed, written lease, you are on a month to month tenancy. You have to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have rented almost 3 years. In September of 2020 lease changed month to month. Today we got 60 day notice to vacate

Landlord gave us a no cause eviction June of 2020 the day after we paid rent and late fee. When the moratorium was extended she rescinded that notice. A couple weeks ago she mailed us a notice of Rent increase effective Sept 1 but didn't give it to us until end of June, so definitely not 90... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 21, 2021

Your landlord's actions appear to be highly suspect but more exact details are needed to know much. Charging a late fee in June 2020 may or may not have been legal (it became unlawful to charge late fees during Covid but I don't recall the effective date off the top of my head). Any... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a manager go in my place without permission if I'm not home and I tell him no?

I'm out of town and my manager gave me a notice of entry but I requested him to reschedule. Can he still enter?

Gregory L Abbott
Gregory L Abbott answered on Jul 20, 2021

Assuming you are talking about residential landlord-tenant in Oregon, and assuming there was no actual emergency justifying entry, a landlord or their representative has to provide you at least 24 hrs advanced notice of their intent to enter. You are free to deny entry so long as you do not do so... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a tenant retain the possession of a unit by claiming eviction moratorium protections if they have physically moved?

If they pay no rent, appear to have moved out, but have not given notice or returned keys? They are retaining possession in anticipation of a no cause (they want the relocation $$$) which (neither notice or funds) has NOT even been issued yet. Home is in Portland. But let's say they move out... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 19, 2021

The first thing to check is your written lease - most leases have a abandonment clause terminating a tenancy after 7 or 14 days of being gone without having provided advanced notice to the landlord. Regardless, if they have obtained a new primary residence, I would argue that is proof positive... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for 2 people to share manager job?

My manager was introduced as manager when she moved in, now her husband is saying he is manager too, company won’t give me straight answer on who is legally manager, I want to know. What do I do?

Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2021

Generally it is unlikely to matter given that the owner can designate anyone to represent them and be their agent in managing a rental property. And that person can also delegate part or all of the job to someone else, and so on. So even if wife was originally designated as Manager, she can pass... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: it legal for manager to post notice of entry on my door at 9pm last night but have paper state I was served form today?

My notice of entry from manager says I was served form today at 3pm when it was posted on my door at 9pm last night? Also if my managers husband sexually assaulted me at work 2 years ago can I deny him entry during inspection

Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2021

A landlord has to provide at least 24 hr notice of his intent to enter - which it sounds as if he has. You should be free to deny entry to any specific person as long as you notify the landlord before or at the time of their arrival.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord charged me $400 to change the locks because my key was not the right one for my patio door is that legal?

There was no damage to the locks they just did not change them to match my keys before I moved in

Gregory L Abbott
Gregory L Abbott answered on Jul 12, 2021

Your exact facts are not clear to me but if you returned the same key(s) given you, the landlord has no right to charge you for changing the locks. Separately, $400 seems a steep price for changing a single lock unless there is something special about it. If worth it to you, consider reviewing it... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon refuse a renter for not being vaccinated?
Gregory L Abbott
Gregory L Abbott answered on Jul 12, 2021

Certainly outside the city limits of Portland; it is less clear in Portland but my guess is ultimately yes. There is nothing so clear cut as a statute forbidding it and why shouldn't they? They are a private party, renting their own property, and there a number of possible fully legal... Read more »

3 Answers | Asked in Landlord - Tenant for Oregon on
Q: If my landlord fails to fix things at the place I’m renting including power, heat, and floors that are rotted.

And It’s been over 2 years and I suffered a personal injury from one of those issues and I have children in the house and then on top of that the landlord gave us an eviction notice then said never mind we can stay then ten days later they gave us another notice what should I do contact a lawyer... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 10, 2021

No power, heat, and rotten floors? Sounds like you should have contacted a local landlord-tenant attorney long ago. It does appear you may have claims for reduced rent and possibly for wrongfully issued notice, depending upon the facts. None of this may affect the current termination notice but... Read more »

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1 Answer | Asked in Consumer Law for Oregon on
Q: I used one of their products and my scalp has been irritated for months, am I liable for any kind of compensation?

My hair is dry and falling out and my scalp is flaky and itchy.

Gregory L Abbott
Gregory L Abbott answered on Jul 7, 2021

Maybe but it all depends. First, you will have to prove that use of the product, according to its directions, has materially damaged you. That most likely can require the testimony of a medical doctor (read EXPENSIVE). You will have to prove both that your head has been damaged and whether it is... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I have a new landlord can they raise rent within the first year of owning the property?
Gregory L Abbott
Gregory L Abbott answered on Jul 6, 2021

Asking the same question in a slightly different way does not change the answer - yes, they can raise rent so long as the tenant is on a month to month tenancy (or at the end of a fixed lease term) and the tenant has not been there less than a year. The prohibition is on raising rent during a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My previous landlords sold our house and our new landlords are wanting to raise rent over 300$ and add on fees. Can they

I have lived in my home for 4 years. My new landlords want to raise the rent over 300$, add on "utility" fees, and pet fees. In which I already paid my previous landlords a pet deposit when I moved in. They are saying they never got it from the old landlords. They are also wanting to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 6, 2021

9.2% applies just to the rent. IF you paid a pet deposit (and can prove it if necessary), the new landlord is responsible for it. If he didn't get it from the seller, that is not your problem. Pet rent is legal in Oregon but it and a deposit etc. can all be avoided if you simply get a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Ownership changed in 5/21. Because we're technically new tenants, are we protected from rent increases in the 1st year?

I appreciate you taking the time to answer my initial question.

Just wanted to clarify that I'm understanding things correctly.

Although we've lived here for years, because the house was sold and we're technically new tenants to the new owners, they cannot raise our... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 6, 2021

It does not sound as if you have a new tenancy, just a new landlord. The statutory prohibition says a landlord may not raise rent during the first year of tenancy. I believe a Judge would say that was up for you years ago and unless you are on a fixed term lease, a landlord is free to raise your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The house we rent was sold 5/2021. The new owner wants to raise the rent. Are still bound by the 7% + CPI?

They are trying to tell us the rent control law/rules don't apply with new ownership.

Gregory L Abbott
Gregory L Abbott answered on Jul 6, 2021

I am unaware of any cases on the topic that have been decided by either the Oregon Supreme Court or the Appellate Court. That said, I read the statute to say yes, any new landlord is still subject to the max rent increase - for several reasons. Nothing in the statute speaks to there being any... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How many times is too many times for a landlord to come by in a month?

We're in the process of moving out due to our rental selling. Our landlord has already been over to do upgrades 5 times in the last few weeks and has now sent another notice that they need to come over this weekend to paint the fence. They said it can't wait the two more days after... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 5, 2021

A landlord does not have dictatorial power and cannot simply dictate when they are going to enter your property.

So you simply tell them no, it is inconvenient for them to come by before you are out. If they enter anyway, you tell them to leave and call the police if they refuse to...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord gave 90 day notice to term lease due to owner selling the home since we won't buy it, gave us a 60 day notice

I got in touch with the property manager today and asked when should we give our 30 day notice to vacate since we are buying a different home. We got our 90 day notice May 26th with final move out August 29th. Our lease ends July 29th. They came back with that they made a mistake due to the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 30, 2021

I am not at all clear whether you intend to move out pursuant to your own Notice and plans or if you are moving pursuant to the landlord's Notice on the date they specify. If the landlord's Notice IS invalid, do you intend to remain? If not, what's the problem?

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Storage business said they have 24hour video surveillance they don't we were broke into and lost big
Gregory L Abbott
Gregory L Abbott answered on Jun 30, 2021

You may want to review your agreement with the storage company before filing a lawsuit. It may well limit their liability and/or advise (require?) you to have insurance on the storage bin contents. It may also matter how/what they promised regarding video surveillance and what happened (did it not... Read more »

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