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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I refuse a rent increase if the landlord hasn’t been doing their duties as the landlord? Like repairs/pest control?
Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

You will likely be evicted if you fail to pay a valid increased rent. IF there are serious repairs that need doing, or other such maintenance, you need to document your situation and lean on the landlord. If that does not solve the problem, consider reviewing it all with a local landlord-tenant... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I sue somebody that illegally sublet me a building and I am being evicted from
Gregory L Abbott
Gregory L Abbott
answered on Aug 13, 2021

It all depends upon the details. Are you talking residential or commercial? Who is evicting you - the master landlord or your landlord, the guy that rented you the building to begin with?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rented a building and after a year and a half was told by the owner that it was not allowed to be sublet and wants

It says in the lease that he’s not allowed to sublet it but I did not know that until just recently

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

What does your lease say about subletting? Is this residential or commercial? Is there a question here?

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: Do I need to sign a new lease if they messed up on the original?

I received a notice that my rent was going to be increased on April 30th. I signed a new lease for an entire year. The amount that is stated on the lease is $1,378. Since April they have been billing me $1,462. I called and left them a voicemail yesterday letting them know that they're billing... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 12, 2021

If you have a valid fixed term lease, they are stuck and cannot raise your tent until it expires unless there is an unusual clause in your lease allowing for it or unless you voluntarily agree to modify or replace the lease - and why would you?

1 Answer | Asked in Consumer Law, Banking and Landlord - Tenant for Oregon on
Q: I deposited a check into my account that was not honored by my landlord’s bank. That was in May. When do I get my money?

Clackamas Housing Authority is my landlord. Check was for relocation which has already been completed at my expense.

Gregory L Abbott
Gregory L Abbott
answered on Aug 11, 2021

Not clear why your landlord was paying you relocation money in May if you are still there, nor the reason the check bounced - one would presume that it was not for insufficient funds if the landlord was the Clackamas Housing Authority. It sounds as if the Housing Authority, for whatever reason,... View More

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: In Oregon, if I want to sue someone for defrauding me, what kind of civil suit attorney is needed
Gregory L Abbott
Gregory L Abbott
answered on Aug 10, 2021

You should very carefully review things with a local tort attorney. Fraud is often difficult to prove; you normally must prove specific damages, and the standard of proof is higher than for most other civil lawsuits (Clear and Convincing as opposed to just a preponderance). Often there may be... View More

1 Answer | Asked in Small Claims for Oregon on
Q: Do I need to send letter certified mail, return receipt requested, relief from debt before suing civilly

My ex has me 23,000 in debt to him by lying. If I have proof of his deceet, should I ask him to legally squash it or just file small claims or civil suit and then provide the courts with my proof?

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

The small claims limit in Oregon is $10,000 so that may not be your best route. Not sure what you are thinking of filing in court. If he erroneously claims you owe him money, you simply don't pay him. His choice will ultimately be to either drop the matter or sue you for it in court - and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my rent is due on the 1st and the apartments set move in date is the 25th is it reasonable to ask for pro rated rent?

I understand that the first month must be payed on time exactly, but i heard it could be pro rated to carry into the next minth, so up to the 25th of october would be payed. Im hesitant to bring it up with my landlord, so I simply must know if its a sound argument or a college student making a big... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2021

In Oregon, monthly rent is pro-rated by the day - by law. Sometimes landlord's like to charge a new tenant a full month's rent upon move-in and then pro-rate the next month's rent for the the actual number of days the new tenant was in possession during their first partial month.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: After being approved for an apartment I did not move into. Is it normal to not return my application information?

They wanted me to deposit $500 non refundable without reading the rules to the apartments. Was treated rudely when asked for these papers. I was also told "that's why we set up a 2 hour meeting for you to read these..." but, after I give them my non refundable deposit. I was approved... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2021

First, there is no such thing as a non-refundable deposit. If it is non-refundable, it is a fee. If it is refundable under any conditions, then it is a deposit, but the two are mutually exclusive. That said, you don't say exactly what the $500 was for. Legally it could be for screening or... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are on a month to month but when my boyfriend rented the place no rental agreement was ever signed, the landlord

Claims he's selling to his state trooper son and that's why it's not on the market and has given notice that they are showing the unit. Landlord also has given 2 eviction notices to my boyfriend claiming he's in violation of the rental agreement for moving me in. Can he really... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2021

Of course he can claim it - his problem is likely to be proving it if there are no written terms to refer to. These appear to be separate issues. A landlord can terminate your month to month tenancy with 30 days notice during your first year of occupancy (assuming you are not inside Portland city... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord notified me via text message of a 5% rent increase on 7/5/21 to start 9/1/21.Despite me requesting for

Written Notification twice since then he has not responded.This is in the city of Portland.We have no written contract, I've been here over 10 years,paying month-to-month. Is this legal and what is my recourse?

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

You may wish to just stay quiet - and stop pushing for a written notice - since the notice is invalid both because it provides less than 90 days advanced notice and because it was not a written notice. The sooner the landlord realizes his error, the sooner he will correct it - and the sooner you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord kick me out if I get a restraining order on my live in boyfriend for domestic violence?

I live in Klamath County. I accepted a verbal agreement to receive housing and utilities in exchange for caregiving in December of 2020.

My boyfriend moved in with me in Feb. Of 2021 with landlords approval. In March landlord asked for 150 a month. I agreed. In July bf and I had a domestic... View More

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

You need to review everything with a local landlord-tenant attorney. First, rent cannot be increased during your first year of tenancy, nor can it be increased more than 9.2% over any 12 month rolling period - both of which sound to be violated. Plus any rent increase requires at least 90 days... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does my landlord need to notify me before starting construction on my building? Removing porches & siding.

A month after I moved in the construction started. We don’t have ac built in so we use a window unit. Our electric has gone up due to trying to cool off the apartment. Our apartment is excessively hotter than it was the first month we moved in (June)

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

It depends upon whether the landlord needs to enter your space. If so, at least 24 hrs advanced notice is required. Otherwise, no. Not clear what your point is re AC - of course your apartment was excessively hotter in July than in June. It was hotter outside and triple digit temperatures tend... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hot water And is it a crime for my landlord to lie under oath if I have proof

Can my landlord turn off the hot water for us not to use when we do laundryAnd is it a crime for my landlord to lie under oath if I have proof

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

If the landlord shut off your hot water, unless it was for repairs, you may have claims. Lying under oath generally is a crime - one that happens everyday in every court but which is very rarely prosecuted. If you can prove the hot water shut off, you may want to review everything with a local... View More

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Are there any pro Bono or low cost/payments attorneys near 97801 that can help me file a civil suit against someone.

Thousands of dollars = $10,000.00+.

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

If you qualify financially, contact the Oregon State Bar Association's Modest Means program for names of lower-cost attorneys in your area.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on
Q: My land lord gave me 5 eviction 2 no cause the apartment had a water leak took them 8 months to fix molded floors

None licensed person fix but used other products now it’s falling apart stove didn’t work fridge too I had to buy a fridge we had an arbitrator he slept threw the whole thing and took him 57 days to give a tilling to the landlord I have pics of the entire thing now the city inspected a... View More

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

It is unclear what, if anything, you are asking. You apparently already have an attorney and they are the person to talk with - they know your case better than anyone reading a few paragraphs in an on-line forum. If you no longer trust your attorney, fire them and get a new one that you do trust.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have any legal rights if no contract or lease was signed?

We have a landlord that is refusing to resolve a water issue resulting in no water being provided, and is stopping us from bringing in water via a truck. They have turned their pigs loose which have been on the property for 2 years and have been asked repeatedly to take care of them. They are... View More

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

Your posting does not begin to provide enough information to even understand what is going on, let alone analyze the legal positions. Subleasing is usually prohibited in most - but not all - residential leases, at least without the true landlord's written permission. Beyond that, landlords... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I paid rent on time etc. Do i have to pay a lease break fee if i never signed a lease and want to move out?

She told me I could move out with no penalty but she wanted to start showing the house while I still live here. I do not agree to that but she says that I did because she thinks I sign the lease. She does not remember that we never signed it. I am very uncomfortable with strangers in my living... View More

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

You do not have to let prospective tenants tour your home - but be sure to tell your landlord no and be able to prove it. If they enter anyway, document it since it likely is worth a month's rent to you. If you have no signed, written lease, you are on a month to month tenancy. You have to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have rented almost 3 years. In September of 2020 lease changed month to month. Today we got 60 day notice to vacate

Landlord gave us a no cause eviction June of 2020 the day after we paid rent and late fee. When the moratorium was extended she rescinded that notice. A couple weeks ago she mailed us a notice of Rent increase effective Sept 1 but didn't give it to us until end of June, so definitely not 90... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 21, 2021

Your landlord's actions appear to be highly suspect but more exact details are needed to know much. Charging a late fee in June 2020 may or may not have been legal (it became unlawful to charge late fees during Covid but I don't recall the effective date off the top of my head). Any... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a manager go in my place without permission if I'm not home and I tell him no?

I'm out of town and my manager gave me a notice of entry but I requested him to reschedule. Can he still enter?

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2021

Assuming you are talking about residential landlord-tenant in Oregon, and assuming there was no actual emergency justifying entry, a landlord or their representative has to provide you at least 24 hrs advanced notice of their intent to enter. You are free to deny entry so long as you do not do so... View More

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