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Questions Answered by Gregory L Abbott
1 Answer | Asked in Divorce and Collections for Oregon on
Q: My husband's ex wife from 15 years ago had a medical bill while they were married they are coming after him to pay

In their divorce it said that she would have to pay her own medical bills and he would have to pay his but now after all this time the creditors are coming after him it's been so long and he didn't know she didn't pay and now the bill went from 6,000 to 16,000 what can we do this doesn't seem fair

Gregory L Abbott
Gregory L Abbott
answered on Jan 25, 2023

It all depends upon the exact details. IF the creditor sued your husband and won in court, they would have gotten a Judgement against him. All Oregon Judgments are valid for 10 years and can be renewed once for an additional 10 years. So it is possible it is a collectable debt. If, however, they... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my rent increase from $1375 to $1701 in Beaverton OR? I thought there is a 2023 limit of 14.3%
Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2023

The maximum rent increase in Oregon for 2023 is 14.6% over any 12 month rolling period. However, there are a small number of exceptions to the rent cap such as there being less than 15 years since the building got its first occupancy license or if it is part of a state or federal low income... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to talk to the ex housemate that assulted me in a domestic violence. Who call4 dog assult?

The roommate was told he has to move and now the landlord doesn't want to rent toe just the other roommate but they talk to each other and other people about me and eviction court and conspire stories to make up to try to get the judge to favor them the guy assulted me and the landlord and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2023

I am not seeing much of a question here so it is difficult to know how to respond. IF your question is can the landlord and now ex-tenant talk about you between themselves, the answer is of course - you have no right to control who someone talks to or what they talk about. If you believe they are... Read more »

1 Answer | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for Oregon on
Q: I live in a multi family apartment complex, my neighbor makes a lot of noise, loud music and loud barking dog.

I have reported this to my landlord, property manager and leasing staff via email and in person more than 30 times since September 18, 2022, the day my neighbor moved in. But over 4 months later now very little has changed. My property manager kept asking me to present 3rd party confirmation but... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2023

First, if you are in Multnomah County and the dog either barks for more than 10 minutes straight or intermittently for more than 30 minutes, gather your proof (record it?) and file a complaint with Multnomah County Animal Control. The process can take some pursuit but they do try to enforce the... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: I signed a title away on a car and now it got towed and they want me to pay $1400 that I cant afford. What do I do?

My first car ended up breaking down a long time ago(maybe 2015ish?) and I ended up signing it over to a scrap yard as it no longer ran. In 2018 I got a call from someone claiming to be from a collection agency stating that it had been towed in a city I never go to (years after I had gotten rid of... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 10, 2023

If you want to do anything but have a Judgement entered against you, you must respond to the Summons and Complaint. It sounds likely that you failed to notify DMV when you turned the vehicle over to the scrap yard (as you were required to do) and they then did not scrap it. Tell DMV now, gather... Read more »

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Oregon on
Q: Is it a legal defense when an agency wrote three letters willing and stating they are going to pay for the past due rent

My DV advacate tried to call the landlord for me and texted and left voicemail that they will pay the past due rent if 1600 but want a lease in my name and he evaded phone calls and we went to court the judge ruled for landlord because a third party promised to pay and that doesn't stop... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2023

Asking the same question multiple times doesn't change the answer. The rental assistance protections you likely are thinking of was a COVID emergency program that expired last September and is no longer in effect.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Went to eviction court judgment was made for the plaintiff because third party was going to pay the rent I had letter?

I had a letter from domestic violence help from tied to change they're going to help pay the back pay the rent of $1600 to the landlord was aware of that because I told him several times before court before you even serve me papers that my domestic violence Grant people would help with my... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2023

It is all in the timing. If you did not pay the rent owed in full by the end of the 72 hrs. specified in the notice, your landlord can evict. Period. He is not required to wait for some third party to pay the rent, whenever they get around to it.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it right that I got evicted in court cuz I had third party letter saying they would pay 1600 back rent ASAP

I'm a domestic violence victim from the house I moved into with the person the perpetrated that assaults me so the land was supposed to come meet with me and do a lease he never came I had an extra key cuz I got locks change from types of change and landlord never came he told me every day for... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2023

You seem to be missing the recognition that rent has a due date. If not timely paid, the landlord can throw you out. IF the landlord is willing to wait for the possibility of a third party payment, fine. But you can not force him to and if you have not paid, in full, by the deadline in your 144 hr... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord tell new rentals that I owe him money ? Recently was declined due to notes.

When I apply to rent new place court notes appear. I owe previous landlord 7,000

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2023

As long as it is truthful. This is precisely the kind of information new potential landlords want and need to know. Why would a new landlord want to rent to someone that just stiffed their last landlord? It is always difficult to rent a new place after being evicted from a previous place.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Was evicted. No hearing yet can landlord put court notes in to barr me from renting elsewhere?
Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2023

I am unclear as to your current status. IF you are actually out, you need to go to the first court appearance and tell the Judge. As long as you are out by the time of your appearance, the case should be dismissed and there will be no eviction on your rental record. Just so you know, you have not... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I had a very uncomfortable and unusual experience today at my apartment about a Pest Control Inspection

My questions have more than a 1000 characters. Should I post however many times one by one?

Gregory L Abbott
Gregory L Abbott
answered on Jan 5, 2023

Avvo is designed to answer questions about general legal principles - it is NOT intended to specifically answer or address any individual's specific legal problem or issue(s) and there is no attorney-client relationship established here. If you have specific questions, especially if they are... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my landlord gives me 90 days notice to vacate, am I still required to give them 30 days notice when I find a place?

More details:

- I’m in Portland, Or

- tenancy has been longer than 1 year

- notice to vacate is for landlord cause (renovations), they will not be attempting to fill the vacancy.

If I have to leave within 90 days, do I have to also give 30 days notice if I find a... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 3, 2023

While your landlord can waive it, yes, you would owe at least 30 days prior written notice if you move out before day 90. I have not seen it litigated but arguably you would also lose your right to any relocation assistance since your leaving would then become "voluntary" instead of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am wondering if I qualify for for mandatory relocation assistance.

I have lived in the same house for 3 years. Both me and my roommate or on the lease which is a 12 month lease ending in April. Since my landlord is not offering a renewal and I have been there for 3 years will she have to pay mandatory relocation assistance? I’m in Portland Oregon Multnomah county

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

Yes unless the landlord qualifies for an exemption, though most (but not all) leases automatically renew or rollover into month to month tenancies if neither side affirmatively and timely terminates the lease.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord ask for a second deposit due to how recent I've been employed if they don't disclose that requirement?

Before applying, I read their qualifications required to be accepted. It mentions rental history and making 2.5x rent, both of which I qualify for. However, they are requesting a second deposit or cosigner due to being at my current job for 4 months. Can they do that?

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

IF you meet all the posted requirements, the landlord cannot turn you down now for not meeting his changed requirements. He can, however, after the first year, increase the security deposit amount if he wishes. If he does, he have to give you 3 months to pay the increased amount.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Oregon on
Q: I won the lawsuit to get my three abducted pets back, but where do I go from here?

My pets were abducted two months ago by my ex-roomie who was acting very mentally unstable leading up to me asking him to move out of my home. I filed a lawsuit in Washington County small claims court against him, which is where my home is located and where the defendant relocated. I recently got a... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Dec 12, 2022

Yes, you apparently have a Judgment in your favor but now need to be able to enforce it. In this case, that appears to have to be done by a Sheriff and that in turn only happens when the Sheriff gets an express Order (Writ) from the Judge telling the Sheriff to go enforce your Judgment but taking... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can the landlord take out your cabinets and kitchen sink, exposing mold and not fix it for over a week

The faucet was leaking for more than two years cause extensive mold under the cabinets. They took the cabinets out, disposing the mold, put plastic up in the dining room and kitchen. It’s been A week as of tomorrow, they say they might need another week to do the repairs

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

Would you rather they did not do the repairs?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If you have the police serve an eviction is there anything you can do to stop it.stop the eviction
Gregory L Abbott
Gregory L Abbott
answered on Dec 9, 2022

A landlord can always dismiss the case in court. A tenant can always try to negotiate a settlement agreement but they cannot force it.

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: I have received a letter from a moving company asking for $ from not paying a full amount to them because of damages etc

This year I had movers and they told me the move would take 2 hours. They ended up taking roughly 8 hours after locking themselves out of my apartment complex (while having the key I provided them) several times for hours at a time. Breaking and damaging my items as well as putting dents and holes... Read more »

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

So is there a question here? Sounds like the normal, same bottom line - either you work things out with them or you refuse. In that case they have to decide whether they want to drop the matter; send you to a collection agency (who then has the same options after harassing you and dinging your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Lease is up 12/31. We have not renewed or agreed to month to month. if we leave by 12/31, do we have to pay for 30 days?

Current lease term is up on 12/31, but we will not be renewing. We have until 12/15 to either renew or go month to month. If we find another place and vacate before the end of our term on 12/31, are we still obligated to pay for 30 days' notice?

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

Assuming you are in Oregon, it likely depends upon exactly what your lease says about renewal and/or termination. Fixed term leases vary - some automatically roll over into a month to month unless either party provides notice ahead of time that they do not wish to renew; some self renew for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager require that each person makes three times the rent to qualify?

My husband and I have been living in our current rental for 3 years. New management took over and they are telling us that because my husband and I do not BOTH make 3 times the rent that we no longer qualify to live there. I support my husband while he's in grad school and this seems like... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Dec 6, 2022

I already answered your question over on Avvo.com but would add that I assume you are on a month to month tenancy (or they couldn't even try to kick you out until the end of the lease without alleging and proving you violated the lease terms somehow). You also don't say what they have... Read more »

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