Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gregory L Abbott
3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke detectors, and... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 2, 2020

That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... Read more »

View More Answers

1 Answer | Asked in Small Claims for Oregon on
Q: Do I have to pay for the satisfaction of judgement paperwork to be notarized for the person who sued me?

I was involved in a small claims court case. There was a judgement filed against me. After 2 years I finally had the money to send them in full with interest. I sent them a cashiers check, along with a prestamped envelope to send back to me so I could deliver it to the court. They mailed it back to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 31, 2020

Really? You want to fight over the cost of a notary? The Covid-19 situation may impede the processing of the Satisfaction of Judgment but it is the creditor's obligation to file the satisfaction with the court. You should just stay out of it, beyond demanding that they file the document of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have moved out, but I’m still paying rent through my lease. Landlord allowed someone to stay in my room. Break lease?

I live in a house in Oregon, paying rent through the end of my lease. I’ve moved out but still have a few belongings in the room, and I’m still paying rent. Landlord allowed someone else to stay in my room, I have a picture of their bed in my room I’m paying rent for. The lease states I am... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 30, 2020

That would seem to be a landlord's acceptance of your surrender of the premises - and that would terminate any further obligations you have under your rental agreement. If you have already moved out anyway, you cannot be evicted so the only thing the landlord could do is try to collect from you,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have a right to a peacefull place to live? I have a noisy neighbor late at night. Managment won't help.

I have complained in writing at least 10 times by email to the management company about my neighbor in a duplex I live in. They keep giving me the runaround and I've called the police several times. Now the neighbor is harassing my family and I. Still the management company refuses to help. Do I... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 20, 2020

Normally yes, you may have rights to terminate your lease and move penalty free. You also normally have the right to sue the landlord in court for damages and/or injunctive relief (court order to the landlord to do something specific). However at the moment Oregon courts are essentially shut down... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I break a lease for an unchecked cockroach infestation which existed far prior to me living here? Never disclosed.

It has been an intermittent problem which has just amplified in the last month or so. My lease is up March 31. I'm considering staying for April but withholding April rent in order to afford to move, on the grounds that this infestation is UNSANITARY and disgusting. I'm going to have to throw away... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 19, 2020

In Oregon, a landlord has a responsibility to rid rental dwellings of all insect, rodent, and vermin infestations. But the tenant must first provide notice of the problem and allow the landlord adequate time to cure the problem. If a landlord does not, a tenant has a variety of potential... Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Communications Law and Landlord - Tenant for Oregon on
Q: Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?

The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 19, 2020

A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO... Read more »

1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: 1/2 I told the wrong info to my coworker about our work schedule(not my intention, it is an honest mistake) resulting to

(2/2) ...him not able to work on his other job at other company. Am I obligated to pay him for his lost job hours? (Again not my intention to tell him wrong info)

Gregory L Abbott
Gregory L Abbott answered on Mar 15, 2020

If you are this fellow's manager or the person who officially schedules his work hours, maybe there is some sort of potential liability. But if not, you just gave him your best knowledge. It did not come with a guarantee of accuracy and ultimately it was his responsibility to determine his work... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a fixed-term 18-month lease signed in December 2018 be terminated at the end of the lease without cause?

In Oregon, not within Portland, Bend, or Milwaukie

Gregory L Abbott
Gregory L Abbott answered on Mar 12, 2020

Yes, but only for a "permitted" reason as specified in ORS 90.427 and by following the required procedures including being potentially required to pay the state-wide relocation assistance of one month's rent if the landlord is not exempt.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does a 14 day stand if the the landlord took rent for three consecutive months action was false

02/25/2019 @ apox.10:03 pm of action I was in the Hospital with documents action taken was false?

Gregory L Abbott
Gregory L Abbott answered on Mar 12, 2020

You need to post an expanded, more coherent question. A 14 Day what? 30 Day For Cause Notice w/14 days to cure? Did landlord take rent before or after a Notice of Termination? Exactly what type of Notice was issued? What does "Action was false" mean? Current court status? Have you actually... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: i have an eviction from october of 2016 how long can it be used against me was in washington but now i live in oregon
Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2020

Prior evictions within the prior 5 years can be considered by potential landlords in deciding whether to accept a tenant applicant; 3 years within the Portland city limits.

1 Answer | Asked in Small Claims for Oregon on
Q: Do I need to pay a deposit back to someone I replaced on an apartment lease?

There was no discussion of paying a deposit back and I’ve been threatened with a small claims court case.

Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2020

Unless you specifically agreed, any security deposit charges or refund is strictly between the landlord and the ex-tenant. If a new "replacement" tenant paid it to the out-going tenant, the new tenant can end up paying for any damages the landlord alleges caused by the out-going person.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I evict a roommate from my house when we had no written lease/agreement?

I allowed a friend to stay in my home for 5 months and 5 months only, while I was away. He has been paying me rent + utilities, but we do not have a signed agreement. Now that I am returning and he has lost his job, he does not want to leave at the agreed upon time. What action can I take to get... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 8, 2020

Assuming you are referring to a rental in Oregon but not within Portland city limits, you must properly terminate his tenancy, either for cause or for no cause. Since your rental agreement was verbal only, it is a month to month tenancy. If you wanted to limit it to a 5 month term, it had to be a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does Oregon's law that landlords return security deposits within 31 days of end of tenancy apply to storage facilities?
Gregory L Abbott
Gregory L Abbott answered on Mar 5, 2020

No. It applies to residential rentals. Storage facilities are commercial leases. You still, however, are entitled to either a refund or an accounting for whatever deposit(s) you made at the beginning of the lease.

1 Answer | Asked in Collections for Oregon on
Q: I’m being sent to collections for a house I moved out of 2.5 years ago. Can I be responsible for that?

My Ex and I rented a house. In 2017 I moved out and asked him to remove me from the lease. He said he would. we’ve had multiple conversations with him and the landlord for about a year and a half of removing my name from the lease which he reassured that would happen. (I have emails about all... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 2, 2020

It was your obligation to be sure your name was removed from the lease if that was an option. Alternately, you likely should not have been liable for anything after the expiration of whatever lease you were on. That in turn may depend upon exactly what notice was provided to who, when. All this... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord entered my home 2 times without notice and while I wasnt home. What can I do?

I was givena 30 day notice before he entered without permission. He put a bored in my window so that it cant be opened and came in my home looking for such said to be stolen things from the common/shared laundry room. Both times without a 24 hour notice and while I was not home.

Gregory L Abbott
Gregory L Abbott answered on Mar 2, 2020

I am not clear what sort of 30 day notice you were given but regardless, a landlord must provide at least 24 hours advanced notice of their intent to enter unless you otherwise invite them in. The most important immediate thing you can do is to fully document each unlawful entry as fully as you... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I've been in my apt for 16 mos. Will my sister's move in this Spring mean we get a new lease and my 1st yr starts again?

Does this mean Iose my 2nd yr protection when she moves in?

Gregory L Abbott
Gregory L Abbott answered on Feb 28, 2020

You may well get a new lease but it does not change your residency date. If you have been there more than a year, that does not change regardless of the number of leases or rental agreements you enter into at the same location.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: How do I evict a person with only a verbal agreement for rent that lives in a travel trailer at the place I live/own.

I just want them off my property not the 2 years non-paid rent.

Gregory L Abbott
Gregory L Abbott answered on Feb 26, 2020

You are likely to need to be able to prove that there is a landlord-tenant relationship between you. A written rental agreement does that (among other things). A verbal rental agreement is fully enforceable though, assuming you can prove it and/or its terms. Did they ever agree to pay rent? Did... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I get an eviction notice for a no rental agreement roommate situation for the cause being fowl odor etc
Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2020

First, is there a landlord-tenant relationship here or just a guest staying beyond their welcome? Then, only the landlord can terminate a tenant's tenancy, NOT a roommate unless they are also the landlord. Foul odors likely come under the failure to keep the premises clean and sanitary. If there... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: There is no written rental agreement just a room mate week to week verbal I need to evict her for no cause in oregon

I need a form to evict that says no rental no cause eviction/vacate

Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2020

Stevens-Ness or MultiFamily Housing NW both publish almost any form a landlord could need. Whether they are appropriate for your needs or whether you fill them out correctly is a different potential issue. Both are available online. Good luck.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do I need a divorce decree to remove a tenant who has left the marriage, and the apartment, off a lease?
Gregory L Abbott
Gregory L Abbott answered on Feb 17, 2020

A divorce decree is most likely irrelevant. But more information is required to be able to offer options. IF the tenant signed the lease and has abandoned her/his tenancy, you may have rights to simply declare them to have abandoned their tenancy. If 2 people signed the same lease, and one has... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.