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Questions Answered by Gregory L Abbott
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »

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

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I deny a rental to 2 tenants with 2 service dogs at a vacation rental, for example for a 2 night stay in Oregon ?

We are the owners and the vacation property is managed by Vacasa, Vacasa says we have to rent to them.

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

You cannot deny them rental because of the service animals. If you have other legitimate grounds, you may be able to deny renting to them but any denial is likely to be suspect and subject to legal challenge so be careful and be sure to fully document everything.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On a month-to-month, 2 roommates, gave 30-day notice. Landlord not accepting because roommates don't qualify. Legal?

I am paying rent on this 4 bedroom apartment by myself since my wife is no longer residing here (living with a boyfriend) and stopped paying rent or bills, Mother-in-law lives with us also not paying her share of the rent. The landlord insists that if I move out with my children I will still be... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 24, 2021

Yes, generally all tenants that signed the lease agreement are jointly responsible for paying the rent - all of the rent. But only so long as the rental agreement is in force. Assuming you are on a month to month tenancy, as soon as one tenant provides 30 day notice, the rental agreement... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is my landlord allowed to tell me when I can and can't leave my place of rent? And can he have cams on outside of house?

I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... Read more »

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

It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Roomate kicked me out and is not allowing me to get my things. What are my rights?

We only had an oral agreement. I have been living there for more than 30 days.

Lane County, Oregon

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

Your roommate has no legal authority to kick you out, anymore than you do to kick him out. Only the landlord can terminate a tenant's tenancy and then only with a court Order if the tenant opposes the action. See a local landlord-tenant attorney immediately.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Live in shed, pay 500 monthly, behind on rent, no written lease or agreement. Can she kick me out and keep my things?

I have been trying to get moved but doing it by myself. I am a single 50 year old woman witha little car and a cat. Can she lock me out and keep my things? Her drug addicted kids have already stolen some of my things but i have no prrof. Now she wont let me get the rest of my stuff what can i do?

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

See a local landlord-tenant attorney immediately. No, a landlord cannot legally lock you out or keep your personal property without having already gone to court and having obtained a Judgment against you. You may be entitled to recover damages from her.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Oregon on
Q: The girl I bought my puppy from is trying to sue me when there is no reason.

I was supposed to purchase a dog late September from this girl. She was not an experienced breeder and lied about multiple factors with this purchase. She wants to sue me because I haven’t had the money when she made me bring the dog home way sooner than I was ready for. We signed a paper saying... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 16, 2021

Apparently she is threatening to sue you for the money, so when you brought the dog home is totally irrelevant (and no, she did NOT "make" you bring it home early - you agreed to do so and need to take responsibility for your actions). Hopefully there is a writing specifying the sales... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can we get landlord to allow permanent construction of accessible shower for disabled person in her apartment?

Greystar owns and will allow construction but insists on 'return to original condition' clause. Can attorney negotiate to eliminate this clause as it is a capital improvement to their property? Also would love for them to pay a portion if possible. Disabled daughter has lived in unit for... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2021

The landlord is within their legal rights under the Americans With Disabilities Act requirements. They have to allow reasonable accommodations but the person making the request has to be willing to pay for the conversion of the premises and pay to convert it back again when they leave if the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My complex has started charging tenants additional water/garbage/sewage fees under the umbrella of covid increases.

The lease has a specific amount charged for rent and a requirement before moving in was simply setting up electric accounts. Does this count as a rent increase if started well after the lease was signed and prior to a year of residence? Is this something allowed outside of the lease agreement? I... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2021

Utility charges are not rent - and thus do not come under the rent raise limitations or timing. However, if the landlord is paying the utility charges and then billing them out to the tenants on a pro-rata basis, there are statutes that govern that and have strict disclosure requirements in a... Read more »

1 Answer | Asked in Consumer Law, Admiralty / Maritime and Lemon Law for Oregon on
Q: when purchasing a boat do rules like disclosure, or cancelling the deal come into play

put down payment on boat was told one thing about condition of transmission and found it to be otherwise went to cancel deal within 72 hours and was told that he was going to treat as a failed sale and consider it a voluntary repo and he doesn't have to give my money back when the whole time... Read more »

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

There is no 72 hr cancellation privilege unless your sales contract provided one. But then there is not one for anything else either (one of the most popular misconceptions by consumers) except under the door to door solicitations rule (if a salesman sells you something at your front door without... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I file an motion to set aside a Summary Judgement in an ejectment case in civil court in Oregon?
Gregory L Abbott
Gregory L Abbott answered on Oct 26, 2021

Can you? Of course. Will you win? Highly unlikely unless you have an unusual and damn good reason. Summary Judgment is disfavored to begin with so if a Judge granted it, they had to be highly convinced of the merits. If you think it unwarranted, your remedy is to appeal.

1 Answer | Asked in Education Law and Small Claims for Oregon on
Q: I transferred schools without unregistering from the classes of the previous school. Though I did not receive education

I notified the school when I requested my transcripts. My attendance will show I did not attend any classes. Do I have a case for small claims court?

Gregory L Abbott
Gregory L Abbott answered on Oct 22, 2021

You don't say what the school's policy is on refunds and/or withdrawal mid-term but it likely would govern. That said, if you didn't tell them I strongly doubt a court would give you any refund.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I paid my rent through my banks online bill pay. The checked was mailed by bank on 8/37. I checked online around1st t

Make sure all gd. On 8th they taped eviction notice on my porch. I walked a new check next door that day. I provided them with proof of bank mailing. They want me to pay them a late fee of $100 under these circumstances. Is that legal. I’m also a landlord and I always text to let tenants... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 18, 2021

Unfortunately, the burden is on the tenant to see that the rent is paid on time. It is also the tenant's choice as to how to convey that payment to the landlord. This means that while you relied upon the bank and the postal service, they apparently let you down and your rent was late (did it... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: We are renting a house in Medford. Is our landlord required to mask before entering. We have at risk people. Thank you

Any law to point to or information that helps would be great. We are fine with them entering to inspect but we want to be safe.

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2021

I know of no law that requires a landlord to wear a mask while entering your home. That said, you absolutely have a right to require him and all with him to do so as a condition of entry during Covid times. I do not believe any Judge would consider that to be unreasonable and as Ms. Goodman... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: IF RENT IS A MONTH TO MONTH TENANCY, IS LANDLORD REQUIRED TO NOTIFY TENANT 90 DAYS PRIOR TO EFFECTIVE DATE OF INCREASE?

MULTNOMAH COUNTY, OREGON--OCTOBER 14, 2021

Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2021

A landlord may not raise rent during the first 12 months of occupancy. Thereafter they can raise rent in a month to month tenancy with at least 90 days prior written notice that contains all the legally required information; that is lawfully served upon the tenant; and which does not exceed the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord breaches a contract with terms and conditions what can I do?

I have discussed the issues concerning 5 violations by the adjoining unit for 5 months now. I have been here for 16 years as a tenant and fully obligated by my signature and the manager that the rental agreement is followed and fair treatment to both parties.

Thank you

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

It sounds as if the alleged breach is between your landlord and neighbors. If so, you have little to say about it since it is not your contract with the landlord that is being breached.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I paid rent for July does the landlord have to wait until Aug 1st to serve me a 90 day eviction notice or start it
Gregory L Abbott
Gregory L Abbott answered on Oct 8, 2021

No, rent is pro-rated daily in Oregon and a landlord is free to issue a notice anytime he wishes.

1 Answer | Asked in Small Claims for Oregon on
Q: Im representing myself, How do you ask for extended time to answer
Gregory L Abbott
Gregory L Abbott answered on Oct 7, 2021

Everyone represents themselves in small claims court. You have to file an Appearance within the 14 days or face a default. You can file a motion asking for more time to answer, explaining why you need it. You best have a good reason or the Judge is not likely to grant it and you will start off... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Is there a statue of limitations in Oregon regarding civil suit?

Specifically in Umatilla Co.

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

Yes. What it is depends upon the nature of the civil suit or perhaps what claims are elected to be made - i.e. some events may give rise to more than one way of claiming damages and each may have a different statute of limitations.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord was told he was not allowed to contact us during the selling of the property we are living is this true

He was told this by the relastate company representative handling the property.

Gregory L Abbott
Gregory L Abbott answered on Sep 27, 2021

The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... Read more »

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