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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Rented apt above garage in Bend Oregon 6 month lease moved in oct 1 now landlord says it is not legal and I have to move

Pay 1500a month for 527sq ft no rentals available do I have any rights

Gregory L Abbott
Gregory L Abbott answered on Nov 14, 2019

Do you have a written lease? At a minimum, it is likely that you have claims for damages against your new "landlord". Whether you actually have to move - and if so, how long you have to do it - depends upon the exact details and perhaps upon what the City has specifically proclaimed regarding the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was lock out of my house by roommates n they keep my property saying i owed them money what do i do now

The police let me get some clothes

Gregory L Abbott
Gregory L Abbott answered on Nov 14, 2019

IF they are only roommates, and none are also your landlord, they have no legal right whatsoever to either lock you out or to retain your property as collateral for any funds you may owe them, at least not without a court order. The police should have just told your roommates they had to let you... Read more »

1 Answer | Asked in Lemon Law for Oregon on
Q: What are the laws on having to take back a puppy and give refund that you sold a year ago?

We sold a French bulldog puppy exactly about 1 year ago and now the buyers want their money back or a new puppy because they say the dog throws up. We are not "breeders" and won't be having any other litters. This is the first time we have heard from the buyers. Their vet told them they can do... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 14, 2019

Unless you sold the dog with some sort of warranty or made material misrepresentations when making the sale, I know of no grounds for them to be able to demand their money back or to otherwise rescind the transaction. A year later? Hard to figure what the buyer is thinking. No one should take... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long does a landlord in Oregon have after a tenant moves out to ask for damages over the deposit amount?

I have not received my deposit back or any information regarding fees that were charged. When I contacted the former landlord she stated that I would not get any money back and in fact the damages were more than the deposit. They have had over 31 days and have had zero contact with me until today... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 7, 2019

A landlord has up to one year after first learning of, or should have learned of, a potential claim against the tenant to file a lawsuit suing the ex-tenant for damages. However, the landlord must either refund in full or provide a written accounting for how much/why they are keeping any part of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord has been reading my water meter wrong on purpose in order to Bill me 3to4 times what it actualy should be.

The land lord has been doing this for 4to5 years. I finally have Rock solid proof, by way of their own monthly bills. What type of lawyer do I need?

Gregory L Abbott
Gregory L Abbott answered on Nov 6, 2019

Assuming your rental dwelling is in Oregon, it sounds as if your landlord may have been paying water/sewer directly to the provider and then re-billing part or all of the expense to you. IF that is accurate, there is a whole series of requirements for the landlord to include a copy of HIS bill... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I recently received a Pay or quit notice for non-payment of rent (3 months + this month). Basically saying if we don't

pay by the 8th we need to move by the 15th. Assuming we move and turn in the keys by the 15th, will this turn into an eviction? Also, we paid last months rent when we moved in, can this be used towards unpaid rent? Lastly, do I only have to pay the amount due assuming I leave or do I still have to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 6, 2019

Either your understanding is in error or the Pay or Quit Notice may be defective. You could have been served either a 144 hr or a 72 hr notice to pay your rent owed by the deadline or to get out by the same deadline. Do neither, and the landlord is free to file an eviction lawsuit against you in... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My tenant had his friend move in, I did not give written permission I gave my tenant written violation for that

And another violation which would of resulted in eviction if not corrected and or worked out tenant wrote an agreement of how the other violation was going to be handled (cleaning up Their dogs waste regularly) and the that he and his friend would vacate the premises on or before the 30th of... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2019

I am having a little trouble following all the curves here but once someone has been there long enough to establish a residence (or does so otherwise by, say, a written agreement), the only lawful way for you to get them out if they refuse to leave voluntarily is by going to court and getting a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant moved out, provided no written 30 day notice, returned keys. As Landlord, how should I terminate agreement?

I plan to email tenant 24 hours notice to do a walk through of the home, for the security deposit portion. Do I approach this as an abandoned property, an eviction for cause for breach of tenant duties, or eviction for cause for lack of payment? Lack of payment assumed if no rent payment by the 5th... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 1, 2019

The question is whether you are sure the tenant has terminated their tenancy. IF they have both moved their property out (and themselves of course) and returned the keys, you likely can consider them to have terminated their tenancy and restored possession to you. If there was no written notice... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens when a landlord breaks a lease

I have a year lease with my landlord and he sent me a text message saying i had 30 days to get out and to get out asap for maximum refund of my money. He also last night took everything out of the shop which was storage for 90 % of my property and put it out at the street. I found this out when i... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 26, 2019

You need to see a landlord-tenant attorney immediately. What you describe is unlawful and likely entitles you to damages from the landlord. Document everything as best as you can (pictures - lots of pictures) and see an attorney now. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If u are kick out of a shard houseing can they change the locks n keep your personal property

They told the police when i called that they were keeping it tell i payed

Gregory L Abbott
Gregory L Abbott answered on Oct 20, 2019

I am not clear what you mean by "shared housing" - roommates? common areas with multiple separate tenants? Regardless, if someone is trying to hold your personal residential property "hostage" to recover rent or other similar charges they allege you owe, that is not lawful and likely gives you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: in oregon can a landlord tell a tenant who can and can't be at the place of residence without lease
Gregory L Abbott
Gregory L Abbott answered on Oct 20, 2019

I am not clear what you are asking - do you mean can a landlord prevent a tenant from having any specific guest visit? Or do you mean can a landlord control how frequently and/or how long a person can "visit" a tenant? Most leases specify how many days a person can visit before having to be added... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What can I do to stop belligerent, intrusive photography by a landlord?

The landlord's management company has been legally performing apartment inspections for some time, then they switched to a different company. The new company's first inspection notice did not include information on their plan to take photographs, or even what specific day they would be arriving.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 18, 2019

You can sue the landlord for either damages or an injunction to prohibit future such behavior or both so long as you are prepared if you lose to owe the landlord's court costs and attorney's fees (potentially thousands of dollars). You have been told before that a landlord is allowed to photograph... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Gregory Abbott Atty you answered my 1st question now... In OR, Douglas Co. Since I wasnt aware def got atty till hearing

Cont. does def atty have right to send me 10pg FED Case, ORCP 68 Petition For Atty Fees & Costs. $3500 bill & bunch mumbo jumbo judicial/attorney language I dont understand. I cant get legal aid cause name connected to party & said conflict of interest. I'm 26K in debt since removed from home &... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 17, 2019

I can't give you detailed advice based upon a few paragraphs posted on an online forum. In general though, if you went to trial and lost for any reason, and the other side had an attorney, they have a right to ask the Judge to award them reasonable court costs and attorney's fees. You have a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon tenant landlord law does the defendant have to notify petitioner that they retained attorney before first hear
Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2019

No. Neither plaintiff nor defendant are required to have an attorney to begin with and if they elect to do so, the first court appearance is often the first time the opposing party becomes aware that the other side is represented. It may even not happen until one shows up for trial - only to find... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Dealing with black mold property manager several times. since the owner has switched property managers 2x.
Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2019

Since you ask no question, there is nothing to respond to.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Do apartment managers NOT have to disclose the lease-length of known, quiet neighbors? I'm trying to avoid future noise.

I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease ends, or if... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 11, 2019

Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a written 24-hour Notice of Entry valid if it fails to state a date for access: for example, "_____ day of Sept/Oct"?

The Notice adds that "you will receive another notice as contractor gets closer to working." When the contractor arrived unannounced, he said that knocking on my door to work was the required notice.

Gregory L Abbott
Gregory L Abbott answered on Oct 4, 2019

The legal requirement is for a landlord to provide at least 24 hours actual notice of the landlord's intent to enter. I believe the purpose of that requirement is to notify the tenant of the upcoming entry and to allow the tenant to either make arrangements to be present if they wish or to tell... Read more »

1 Answer | Asked in Collections for Oregon on
Q: I have a judgement against me via American Express. It was sold to Midland. Can they collect it?
Gregory L Abbott
Gregory L Abbott answered on Oct 1, 2019

Likely yes - it is, after all, what a collection agency does. It would have to have been legally assigned or otherwise lawfully transferred from American Express to Midland but if so, Midland would have the same rights as American Express.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's the definition of terminating a tenancy?

If a landlord gives a 60 day no-cause notice to vacate to a tenant who has lived in the unit for more than one year are they liable to three times rent? Is giving the notice to vacate the same as terminating a tenancy even if the notice is withdrawn by the landlord and they concede to the tenant... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2019

Yes, you terminate a tenancy by giving written notice to a tenant that their tenancy is terminated effective a specific date/time in the future. You can rescind the notice and try arguing that once rescinded it never happened and you should not have to pay the penalty but my guess is a Judge is... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: Is it legal for 3 seperate dwellings to share an address and single family mailbox, or for 2 to share a gas meter?

I rent what used to be the garage of the main dwelling at my address. The gas company considers it the "shop" address, but its a 2 br house. There is also a shop behind my house that has been converted into a one bedroom bungalo. Three seperate dwellings but one mailbox, intended for a single... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2019

Given that a landlord is not legally required to provide any mailbox, you likely have no claim regarding sharing it. If you prefer, simply get a P.O. Box or private mailbox at one of the many places offering such options. The gas meter may be a different deal however. It depends upon what your... Read more »

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