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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are landlords in Oregon and had a tenant refuse to renew a 1 year lease and the tenancy reverted to month to month.

We received an email 30 day termination notice from the tenant on the first of the month stating they were moving out the second week of the following month(40 day notice). The tenant is demanding that we refund the last 20 days of the month that they prepaid with a last months rent deposit since... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2023

Your tenant is correct that rent accrues and is prorated on a daily basis so they would be entitled to a refund of their prepaid rent for the balance of the month. However, that all is based upon their providing you with at least 30 days advanced written notice of their termination of tenancy.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Am I required to pro-rate rent of a month-to-month agreement if a tenant gives a 30-notice of termination in Oregon?

Our tenant gave a 30-day notice that she was terminating our month-to-month rental agreement on September 10. She claims that we are required to prorate for that period and only charge her for the 10 days she lived in the house in September, not for the full month of September. The agreement begins... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2023

It depends what you mean. IF she gave at least 30 days advanced written notice, and the notice contained all the required information and was lawfully served, then she owes rent through the 30 day notice date or when she restores possession to you, whichever is later. However, if that date falls... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: can a citizen take posession of a un attended dog in public? to me this seems seizure without due process.

there is a rise of citizent grabbing dogs that are loose in public. citizens are not authorized by law to do this. it violates the 4th amendment and is also possibly theft. citizens are subjective and provide no due process . property is property. dog or not. many agencies condone and promote this... View More

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

It somewhat depends upon the circumstances. Most communities have leash laws and in most places, unattended dogs wandering anywhere/everywhere on their own are prohibited. Packs of wild dogs are not good for society and how is one to know, looking at this particular dog, if it is wild or a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A neighbors dog barked. My dog then pulled and broke his harness and ran over to the other dog.

The other dog was injured slightly. The officer investigating the incident found that our dog was not a threat. The vet that looked at our dog said our dog was very friendly and not aggressive. Other neighbors also say our dog had never acted aggressive or in a threatening manner. However the... View More

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

Assuming your landlord has issued the required notice, containing the required information and lawfully served, your choice sounds to be remove the dog; get out; or be subject to being evicted. Your dog has demonstrated aggression and you have demonstrated a failure to maintain your leashes in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Rental company sent out employees to do repairs without giving 24 hour notice and never discussed. What can be done?

Employees showed up to do repairs that were never discussed with the manager. I stated you need to give 24 hour notice and he said not if its outside and to call her or the police. She wouldn't answer the phone. This was not an emergency and I did not request it. Before they left I saw them... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 4, 2023

If the yard is a common area shared with other tenants, or it is an emergency (pipe burst, etc.), then they likely don't have to provide you 24 hr notice. If you have requested repairs, they can enter without 24 hr notice for 7 days following the repair request, longer if they are in the... View More

1 Answer | Asked in Small Claims for Oregon on
Q: If I received a garnishment letter for debt 10 years old can they still enforce that if statute of limitations is up

I got a garnishment letter for a debt that is over 10 years old. The amount they say I owe is triple the actual amount I owed originally

Gregory L Abbott
Gregory L Abbott
answered on Sep 19, 2023

Assuming you are in Oregon, IF the statute of limitations is up, then no, they can no longer forcibly collect a debt from you and may well be committing an Unfair Debt Collection Practice and/or a Fair Debt Collection Practices Act (i.e. both State and Federal potential violations). BUT if they... View More

1 Answer | Asked in Consumer Law and Antitrust for Oregon on
Q: How do I start a class action lawsuit against Ticketmaster for scalping, or price gouging tickets for a Nov 2023 concert

The tickets were being sold for outrageously high prices and there were third party tickets being sold on the Ticketmaster site with those high prices. When I attempted to buy a ticket the prices were not in my means. I kept returning to the website hoping for a price drop and the pop up msg on the... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 15, 2023

You don't identify why you think you have a claim. They routinely disclose that some of their tickets are being re-sold at higher than initial venue prices and may change at any time. You waited, then you pounced, only to find that you would have been better off waiting longer. That was a... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My dog got stolen by my ex girlfriends and herfamily and won'tgive dog back. Ihave paperwork from medical bills? Help

How much will it cost and what can I do 2 get my dog back?

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

You can sue her in court for the return of your pet or for monetary damages. How much it will cost is impossible to know. With a bit of planning, you might be able to put her on the hook for your attorney's fees and costs but there is no guarantee ahead of time.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon is it legal to charge tenants for outside electricity, water/sewer, garbage, road repair? Bc Davenport apts is
Gregory L Abbott
Gregory L Abbott
answered on Sep 2, 2023

Yes they can charge you for utilities that benefit other tenants or common areas IF they tell you so in a written lease, tell you the formula used to determine the amount, etc. They also have timing and disclosure requirements. Check out ORS 90.315 for the statutory requirements. I question whether... View More

2 Answers | Asked in Animal / Dog Law for Oregon on
Q: Yesterday My GSD dog , by accident, got off the metal choker lush and bite other small dog. Today the small dog died. ??
Gregory L Abbott
Gregory L Abbott
answered on Aug 23, 2023

Being a GSD dog is irrelevant to this situation. You are vulnerable to being sued and your dog is likely subject to being restricted henceforth. Depending where this occured, your dog may be required to be muzzled and leashed whenever not inside your house, possibly have a secure kennel installed,... View More

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: If a landlord doesn't bill you for utilities for 3 yrs can he evict you for non payment, or insist you pay all of it

Does anyone there have an answer to question.

Gregory L Abbott
Gregory L Abbott
answered on Aug 16, 2023

You need to read the lease very carefully but it is unlikely. First, there is a 1 year statute of limitations on most claims arising out of a rental agreement. Second, if utilities are billed by the provider to the landlord, and the landlord intends to bill them on, in part or whole, to the tenant,... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What reasons can a landlord use to evict a month to month, 3 months old tenant agreement
Gregory L Abbott
Gregory L Abbott
answered on Aug 8, 2023

As long as the tenant has been there for less than a year and they are on a month to month tenancy, a landlord is free to terminate their tenancy without cause by serving the appropriate notice(s). Whether 30 days or 90 days notice is required depends where the rental is located, as is any... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Can a vet refuse to return a dog for failure to pay

I took my puppy in yesterday for a swollen foot. I had a medical emergency with my husband and had to use the money I had for gas. Now the vet won't return my dog. If this is illegal please send an ors # for me to give to the sheriff because they don't know for sure. Thank you

Gregory L Abbott
Gregory L Abbott
answered on Jul 22, 2023

The vet has a lien on your pet to secure payment for their services. Just like you can't pick up your car from the repair shop without paying for it, you don't get to pick up your pet until you pay the bill. Why would you think you could get the vet's services without paying for it?

2 Answers | Asked in Personal Injury and Municipal Law for Oregon on
Q: Can I obtain a restraining order against my neighbor?

A land use issue was recently judged against my neighbor. My neighbor is angry with me regarding this issue. I thought this matter would be done. Now my neighbor is setting up a lounge chair and staring at us and our home. The neighbor doesn't say much. This is our neighbor's attempt to... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 17, 2023

Looking at your house from their own property is fully lawful and, by itself, not subject to any sort of restraining order. Depending upon the exact details and local ordinances, this is what fences were created for.

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Personal Injury for Oregon on
Q: I signed a contract under duress in a suicidal psychotic state that can be verified by my doctor. Can it be dismissed?

I signed a document under duress during a bipolar episode which my doctor can verify.

An animal shelter OBTAINED PROPERTY of pecuniary significance (a doctor prescribed emotional support animal) BY FALSE PRETENSE from an incapacitated person (in a mixed suicidal depressive psychotic state).... View More

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

You are not likely to be able to disavow the contract and even if you did, it sounds like it cannot be reversed at this point. The most you are likely to possibly have is a claim for the market value of your now deceased cat - i.e. replacement cost. Unfortunately, in the legal world, pets are not... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord changed the locks on me and my 13 year old daughter from the shared premises. What can I do?

No notice was given

We’ve lived there over 3 years!

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

Run, don't walk, to a local landlord-tenant attorney's office. You likely have monetary claims against the landlord, including your court costs and attorney's fees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a 30 day verbal. Started Nov.2022. First year occupancy! Mult ---Port Ore... So many ways to goof..

1..norm first class serv?

2. Need mil serv note? He has none

3. 30 day plus 3?

4. Form?

5.Show start nov 20 2023?

6.Payment history? List

Gregory L Abbott
Gregory L Abbott
answered on Jun 21, 2023

Too much shorthand and not enough detail. Not clear what you're asking. Written notice is required to terminate a tenancy. It must contain all the legally required information and be lawfully served. If the dwelling is within Portland city limits, 90 days advanced notice is generally required... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 90 day to vacate…owner is selling the house. Do I need to give notice of moving?

He owns multiple properties.

Rented through a property management company.

Current offer on the house.

Are we entitled to any relocation help?

Gregory L Abbott
Gregory L Abbott
answered on Jun 20, 2023

You are entitled to be shown proof of the acceptance of an offer to sell and certification by the buyer that they intend to occupy the dwelling as their primary residence. You may be entitled to relocation assistance if the landlord owns more than 4 rental units in Oregon.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long does it take a landlord to legally evict me in Oregon?

I have lived in my apartment for two months now and recently told the landlord about a massive amount of black mold we found in our bathroom that was not disclosed to us before we moved in. My wife got sick and one of the diagnosis was possible black mold in the house. I checked the house... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2023

No. A landlord can only get rid of you with advanced written notice. How much notice depends upon what grounds he has to terminate your tenancy. It is unlawful to terminate your tenancy out of retaliation for complaints and the Sheriff can only throw you out after a Judge orders it. If the landlord... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate is trying to forcefully kick me out of house I have no rental agreement but I do have check stubs help

I've lived here 3 years pay rent in time have nowere to go or put my things I was homeless 7 years before this and now I am hiding in room scared him and son are threatening me

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2023

First, only a landlord can terminate a tenancy - your roommate has no more right to end it than you do to end his. Second, a landlord can only terminate your tenancy with written notice. How much written notice depends on the reason. If for cause, such as failure to pay rent or breach of lease, it... View More

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