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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... View More

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

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... View More

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

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my family is on quarantine for testing positive for COVID 19 can my landlord come in to do a inspection still?
Gregory L Abbott
Gregory L Abbott
answered on Sep 8, 2021

You should deny him entry at least until after the quarantine is finished.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

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

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: (4) A judgment may not be enforced if the plaintiff has accepted rent

My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.

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

The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the... View More

1 Answer | Asked in Domestic Violence for Oregon on
Q: How do I remove an abusive partner from my home?

We have lived together for the last 3 years. We have 2 children together. I am the sole homeowner and work full-time. She works part-time and refuses to leave because she can't afford to live on her own. She is extremely abusive to myself and our children. I have insisted that she needs to... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 3, 2021

It depends upon whether she can legally be classified as a tenant. If so, you go through the hoops to terminate her tenancy and evict if necessary. If not a tenant (likely given your brief description), then you have to file to eject her from the house. Eviction and ejection share similar goals -... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have tenants that have lived with me for three years in Albany Oregon. For the first year they were on a year lease

Then defaulted to a Month to month. My husband needs the room for his sister, as she has no where else to go. By law can I give them a 30 day notice or does it have to be a 90 day? What are my options?

Gregory L Abbott
Gregory L Abbott
answered on Sep 2, 2021

You have to provide them with a written 90 day no cause termination of tenancy notice that specifies all the legally required information and which is lawfully served upon the tenants. See ORS 90.427

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can 10 people show up for a house showing that we were notice 24 with no. Realtor or owner present and no mask
Gregory L Abbott
Gregory L Abbott
answered on Sep 2, 2021

Of course they can - and you are free to decline them entry or to ask them to leave. If they don't, call the police.

1 Answer | Asked in Civil Rights and Small Claims for Oregon on
Q: In oregon how can I get my belongings out of a storage unit that is only in my daughter's na

We opened the unit together but I paid it.

Gregory L Abbott
Gregory L Abbott
answered on Sep 1, 2021

When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling her duplex. Does she have to pay us our security deposit or does it transfer to new the owners?

Our landlord does not live in the duplex, it's an investment property.

Gregory L Abbott
Gregory L Abbott
answered on Aug 31, 2021

Whomever is the owner when you leave will owe you the security deposit, regardless of whether the current owner has transferred the deposit to the new owner or not.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant who always pays their rent on time, if not early. They are on a month to month rental agreement,

And have not violate any terms of their contract. My husband want to give them a non renewal, but I told him we couldn't because they have done nothing wrong. What can I do, to get them out, because my husband will stop at nothing to get them out, and I don't want to be sued.

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

It depends upon where the rental dwelling is located and how long the tenants have been there. IF less than a year, you may have a relatively easy path. If they have been there more than a year, there are very limited permitted reasons for a landlord to either terminate an existing tenancy or to... View More

1 Answer | Asked in Collections for Oregon on
Q: Can a collector after 5 years of not hearing from them cause they got your address wrong charge u interest of 3000.

I have the letter I let them know of address change. 5 years later they call me at work and say I ow interest. And they had my address wrong. I payed them 50.00 before I moved and sent them a letter for the Ballance and never hurd back. I thought they were a scam.

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

You don't say what they are trying to collect - just a bill or a court Judgment? Either way, if the underlying bill is valid, then interest on that bill is likely to be valid as well. But if it is not a Judgment, then the Statute of Limitations may still be in effect. IF you have made no... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental property does not meet habitability standards at move-in can I legally terminate the lease?
Gregory L Abbott
Gregory L Abbott
answered on Aug 30, 2021

It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can someone that took me in kick me out if I don’t get the vaccine?

They took me and my son in and I am pregnant and they are saying if I don’t get the vaccine then I have to move out. Can they legally do this. In linn county.

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

It depends on the details - but bottom line is of course they can get rid of you, it is their house! The only question is how soon and how much hassle it will be to do so. The answer to those questions depends on the exact details - how long you have been there; is there any rental agreement... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are our rights here? 90 notice.

Our landlord originally said that he wanted to sell the property and when we refused to have any people come in for showings due to having small children and covid-19 he decided to contact his attorney, which sent us a 90-day notice and a check for 1650.(equal to one month's rent) saying that... View More

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

Substantial repairs requiring a tenant to vacate is a permitted reason for a landlord to issue a 90 day no cause termination of tenancy notice. Assuming the Notice contained the required information and was lawfully served, it likely is valid and likely enforceable. IF you move out and the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th... View More

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

Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Jackson county Oregon renter question

I competed a one year lease and have been month to month for the last 8 months, the landlord is moving out of the US and has hired a property management company to take care of the property. I was told the only way to make sure I wasn’t evicted (because my credit score is under the minimum for... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

As long as you have been there for over a year, a landlord can only terminate your tenancy without cause with a permitted reason - and they are few. Even then they have to give you at least 90 days advanced written notice and possibly relocation assistance if the owner owns more than 4 rental... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Corvallis or. Lease ending during pandemic. What now?
Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

You either renew the lease or move elsewhere. If you do neither, you could possibly face eviction. Covid moratorium rules help protect against being evicted for failure to pay rent - NOT against your staying past the end of your lease without permission.

1 Answer | Asked in Domestic Violence for Oregon on
Q: Ive been subpeonaed to testify as victim in a dv case Will i be put in jail if i dont show up, even if im the victim?
Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

That would be up to the District Attorney - you know, the fellow that subpoenaed you to start with and who is relying upon your testimony? Subpoena's are not optional; subpoena's are not an invitation. They are a court Order for you to appear and testify. If you thumb your nose at the... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: Can my landlord disable echeck and have me pay using my debit card on there website that charges 50$ on top of my rent

My landlord is having my family use their website and they disabled echeck so when we do pay for rent it charges 50$ extra on top of my rent

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

IF you are allowed to also pay in cash or check, without a surcharge, and the credit card processing company charges the landlord $50 to process your payment, it may (or may not) be legal (the law specifies it may be legal under the above circumstances for the landlord to pass along charges for... View More

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