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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate does not want to attend our first eviction court date. Can I go alone?

The papersates her name and all other occupants Not the names of the two other lease holders

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2023

Not only can you go on your own, you should to see what, if anything, you can work out with the landlord. Plus, if you don't go, a default Judgment is likely to be entered against you and you will have an eviction on your rental record, making it difficult to rent elsewhere in the future as... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 3-time violations and 90 days termination notice

My tenant has been living in the unit for over 3 years. First-year lease, then month-to-month. Having issued more than three violation notices within the last six months, am I legally allowed to terminate the lease with a 90-day notice?

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

Are these repeat violations or 3 separate? Your eviction rights likely depend upon what the violations are and how you previously responded - did you issue 30 day for cause termination notices? If so, you might be able to get rid of them with a 10 day, non-curable notice. You may want to consider... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Lanord perform shampooing the carpet at the tenant's expense after the tenant moved?

It was stated on the lease Landlord has the right to do house cleaning and shampoo the carpet at the tenant's cost when the tenant moves. The tenant provided an invoice for house cleaning services upon key release. However, upon inspection, the landlord discovered that only the carpet had been... View More

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

It depends upon what your lease says. A landlord can only charge for carpet cleaning beyond just vacuuming IF their written lease tells the tenant that they will be charged for carpet cleaning after they vacate, regardless of whether they have it cleared themselves AND they had it shampooed before... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can landlord charge early lease termination fee on top of my current rent?

They are charging me 1.5x of the rent as termination fee ON TOP OF my current rent, which is total of 2.5x of my monthly rent for just one month. They are keep telling me that the rent is not included in the termination fee, but as my knowledge and experience, they shouldn't be charging me the... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 2, 2023

Sorry but unless you have the most unusual written lease that I've ever seen, your landlord is correct. You didn't need to provide the 30 days notice (though it is undoubtedly appreciated) but the standard lease break penalty is 1 1\2 months rent. You owe rent for every day you are in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My (now ex) boyfriend allowed his mom and her boyfriend to stay temporarily at our rented house unauthorized.

This was 4 years ago and they are hostile and disrespectful. My former relationship was abusive and his mom is also abusive so I was always too afraid to speak up or confront them to leave sooner. They do not have a written or verbal contract to sublease nor do they pay rent but the mom claims she... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 29, 2023

This is not a do-it-yourself project. Nor do you have to wait filing suit until the restraining order is dismissed. Much depends upon the exact facts but eviction and landlord-tenant matters only apply when there is a landlord-tenant relationship and if she does not pay rent, there may not be one... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much time do I have to vacate my premises if I miss my eviction trial?

We have an eviction trial on Dec 2 and we are uncertain we can attend. Oregon provides 4 days to the tenant to move out generally, but is this contingent upon whether the tenant attends the trial? Wondering if the tenant can be evicted immediately upon not attending the trial or if the 4 days is... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 28, 2024

You would still be entitled to 4 days notice of a court evicting you. But depending upon the circumstances, you might be able to get the trial postponed or more than 4 days even if you lose, all at the Judge's discretion. But you have to talk with the court.

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: My boyfriend and I argued and the neighbors called the cops. Now he has court on harassment charges vs the state of oreg

I didn't persue charges against him, the officer insisted I did after i told him no about 8 times, but he did anyway , the state picked it up and now he has court on harassment charges this afternoon. How do I get his case tossed or charges dropped?

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2024

You don't. You can talk to his criminal defense attorney to see what, if anything, you can do to help. But as you noted, you didn't bring the charges so you can't dismiss them either.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need some help My step son rented my home from 1999 to 2008.. He now says I used the rental for illegal enrichment.

The rent was $500 per month. Around 2004 he asked if he do lease to buy. I did not agree verbally or written contract. I said if I see improvements I would not raise the rent. In the spring of 2008, he was getting behind on the rent and had two people move in. In July he decided to move out. And... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 21, 2024

I'm not clear what he alleges, why he thinks he has claims against you, or what they may be. However it sounds as if 16 years have passed since any claim he might have arose. That far exceeds any statute of limitations that could apply. It's very unlikely that he can win any legal claims... View More

2 Answers | Asked in Tax Law and Collections for Oregon on
Q: Q: Oregon Dept of Rev issued a bank account garnishment for what I owed. Is their a reasonable amount of time they need

They sent my bank Garnishment order, but gave me no notice, and letter was mailed two weeks after the actual notice was made. I am wondering if I have any actions I can take due to lack of notice?

Gregory L Abbott
Gregory L Abbott
answered on Sep 20, 2024

It sounds as if everything was done appropriately. You get told but only after the fact. Otherwise folks would quick withdraw the money before it is garnished.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord told me tonight that I am evicted because I had somebody over here to help me do yard work

I have no lease and I've been here a year in August and my rent is paid through July and when he comes here he never gives me no notice and then he stays here in the home but I told him that he can no longer do that I need a 24-hour notice before he shows up and he can't stay here anymore... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 24, 2024

You don't post anywhere near enough information to be able to meaningfully advise you. What type of tenancy - month to month or fixed term? How long have you been renting there? Regardless, he can't even start to evict you without serving you with written notice terminating your tenancy.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: May a landlord use word of mouth to coerce tenants into moving out?

Is it alright for a landlord to declare to tenants an intent to place their home up for sale at an unknown year in the future, so they will begin moving out as soon as possible?

Gregory L Abbott
Gregory L Abbott
answered on Jun 12, 2024

Of course a landlord may share their anticipated plans with a tenant. It can help everyone plan. The landlord must still issue the correct written notice etc when the time comes.

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: So I have an attorney and I have a strangulation charge on my autistic daughter who is 33 she was having a tantrum

I used a move taught to me for this called ois when do I give my evidence to the DA I went through the 705 page discovery and told my lawyer what is what for each page did a color chart sent my evidence but when does the DA get it..I'm innocent I can prove I did exactly what I was trained to... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 10, 2024

First, you don't seem to post a question for anyone to answer. Second, regardless you should be asking ALL questions to your existing attorney - they are the most qualified to answer and know the details of your case. Finally, you should NOT post any of the details on line. Prosecutors can... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: My husband is autistic, recently took a plea deal for dv.

In april, my husband (40) and daughter (15) we're having an argument about her avoiding her chores. She went into the bathroom, laid on the floor and kicked the bathroom door, breaking it. When my husband went in to see what was going on, she kicked him, then got up off the floor and hit him... View More

Gregory L Abbott
Gregory L Abbott
answered on May 30, 2024

This, and most other questions are best asked of his criminal defense attorney. They are much more familiar with the case details as well as have likely discussed the matter with the District Attorney's office who is prosecuting the case.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord to take pictures, drive around and park near rental property and spy on tenants? Is that harassment?
Gregory L Abbott
Gregory L Abbott
answered on Apr 29, 2024

Just like any other person on the planet, yes.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When moving out, my roomate demanded rent for "that month". I payed, but it was actually for next month.

I had already paid that month, the payment he demanded was for rent next month, but by the 1st of next month I was off the lease. I have evidence of the Zelle payment and me being off the lease.

Gregory L Abbott
Gregory L Abbott
answered on Apr 10, 2024

Demand a refund and if refused, you need to either drop the matter or sue him for a refund, most likely in small claims court.

2 Answers | Asked in Consumer Law, Civil Rights and Libel & Slander for Oregon on
Q: I have a very clear case of discrimanation the amount is over 10,000$ do i need a attorney. There are 5 people invovled

It involves the state of oregon and to celluar companies but its very clear a discrimanation case. I dont want to discuss details unless i am repersented so i dont know how to proeed it will be class action for sure once i can sit down and explain it i dont think any attorney will tell me crazy its... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 5, 2024

Make an appointment with a local civil rights attorney.

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1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Oregon on
Q: Neighbor is stalking/harassing me. Judge denied SPO due to no violence. Can I sue in small claims or seek injunction?

I have evidence of my neighbor stalking me as he shows up everywhere I go within 10-15mns. He's tracking not following me but haven't found the gps device yet. It's daily & he's relentless. The cops even went to his house & told him to stop plus avoid me which did... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2024

Of course you can sue in circuit or small claims court. Can you win? Not likely on the facts presented.

1 Answer | Asked in Consumer Law for Oregon on
Q: How much compensation should I ask Wells Fargo to pay me for adding services to my card without my authorization
Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

What direct out of pocket costs did you have due to their error?

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: As the defendant can I file for motion to dismiss after I have submitted an answer to the court in Oregon Circuit Court?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2024

Likely yes, assuming you have adequate grounds and didn't waive your right under Rule 21 when answering.

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