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Questions Answered by Gregory L Abbott
1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: Boyfriend got dv charges due to my ptsd response from ex husband. How do we get charges dropped.

My ex was very violent. Me and my current got in a very heated argument and I went into fight or flight because of ptsd. My current restrained me during the incident and some bruising was caused because of my struggle. I called the cops while still in a hysterical ptsd state of mind. I have mental... View More

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

Sorry but it is not up to you whether the charges are dropped or if the District Attorney proceeds to trial and attempts to get a criminal conviction. Actions have consequences - both for you and for him. You can talk to his criminal defense attorney if you wish to see what, if anything, you can... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tree removal from rental house

Tree was damaged from ice storm. Split from 10' above ground to ground. Afraid it would fall threw bedroom roof. Told Management and they sent me phone # to get estimate. The estimate stated it was urgent that the tree needed to be removed ASAP to prevent other structural damage to property.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2023

You obviously were concerned about your safety. Nevertheless you had no right to remove the tree - that was the landlord's right - and obligation - not yours or your decision to make. If you believed the tree posed a serious risk, you could\should have have requested the City to inspect and if... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon is it legal for landlord to increase security deposit yearly?Paid $1500. Last year. This year wants 250 more.
Gregory L Abbott
Gregory L Abbott
answered on May 29, 2023

A landlord cannot increase a security deposit in the first year of a tenancy, absent a modification of the rental agreement and consent of the tenant (e.g. a pet is added during the first year and the landlord wants an increased security deposit to cover potential pet damages). After the first... View More

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Does he have any legal grounds? Will he win?

I sold a used truck as is(says as is on the bill of sale.) he is now saying he took it to a mechanic a few days later and it had an engine misfire and now he wants to sue for his money back. I was unaware of the problem. I don’t know what to do next. Is this something he will win?

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

It is unclear why the buyer thinks they are entitled to a refund and lots depends on exactly what was said before the sale and\or details but As Is means As Is and anything could have happened to the vehicle in the few days between purchase and inspection. Bottom line is buyer should have had... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My bf & I moved in dolx approx 9 yrs ago. Now that bf moved out. They tx me to give key n empty by5/1 Why do I need move

BF bosses wife's family owns these. We never have had a rental agreement. Why do my Grandson n I need to move? Why in 4 days? There's no way possible for me to get to stay? I didn't give my notice. They try n say they rented to the Bf. But we both have lived here from day one without... View More

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

First, you have indeed had a rental agreement but it may have only been verbal, which makes it difficult for either side to prove the exact terms. If BF moved out voluntarily, his exit likely terminated the tenancy for both of you. If, however, he left due to domestic violence, you may be entitled... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a 24-hour notice of entry but they came in before the 24 hours. the two people who entered said

"you should have received a notice". The notice was for the next day. When I spoke to the landlord he said there was an emergency. I think this is a lie. Is there anything I can do?

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

If he is going to claim an emergency, he has to notify you in writing within 24 hrs that he came in, when, and what the emergency was. If he did not, you likely have a claim against him, probably worth a month's rent plus court costs and attorney's fees. If you think you have a claim,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 10-day notice to pay or vacate for nonpayment of rent. What do i do?

We are not on a contract or lease; we are month to month. We have paid and fixed all involved with the home for almost 8 years the Landlord has not maintained the home we have which is fine for minor things but we had to pay for people to come out to look under our home for rats and they fixed the... View More

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

The question is not whether you can afford it (though that obviously is the bottom line) but what do you owe? If you really do owe $3600 or more, and cannot work out a payment plan with the landlord, he can proceed to try to evict you for non-payment. His 10 day notice must be legally compliant... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Oregon on
Q: What kind of attorney would I need to get compensation for being wrongfully charged, locked up and losing a successful

I won the case against me but not without spending a lot of money and sitting on house arrest for 2.5 years ruined me and any hopes of fixing my construction business

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

Normally one needs considerably more information before being able to tell you anything. But assuming you are referring to a criminal prosecution, who is it you think you can successfully sue? It sounds as if you were prosecuted for some crime, went to trial and won. If essentially accurate, that... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I received a motion to vacate am I still responsible to pay rent while looking for another home?

In Oklahoma I was behind one month rent and the landlord hung a motion to vacate on the door. In the time being I was still staying at the home while looking for another home. Since I received a motion to vacate am I still responsible to pay rent for the 30 days I was still there after receiving... View More

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

You need to post this in the Oklahoma, not Oregon, section. It's highly unlikely that it was a "motion to vacate" and at least in Oregon a tenant owes rent for every day they are actually in possession. They may owe more if, for example, they get out without giving 30 days notice... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I'm a landlord. I own four rental units on single property. Tenant in one unit here since Jan 1 2023.

Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.

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

You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Looking for clarification on ORS 90.427(4)(b) I am wanting to do a no cause eviction for my tenant

Lease begin date 02/07/2023

One year fixed

I'm wanting to post this notice within the next week, does the time frame allow me to do that?

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

If you have a fixed term lease, you can only terminate it during the lease terms for cause.

2 Answers | Asked in Animal / Dog Law for Oregon on
Q: I sold my disabled (cerebral palsy) grandchilds puppy (no paperwork) and she wants back. Lady said no. Help

We owned him 4 months. Lady only 2 days. Oregon state.

Gregory L Abbott
Gregory L Abbott
answered on Mar 28, 2023

Doesn't matter if new person has only owned the dog for 2 minutes; is there something about selling the dog you don't understand? IF the buyer wants to sell it back to you, at whatever price you both agree upon, they can. But you have no right to demand or force it and they are free to... View More

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2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Last 4 months water has been coming in thru ceiling 100 gallons a day when it rains. Can I sue landlord personal injury

Had to remove everything from room. Residents cannot be left unattended. Must empty buckets constantly. So doesn’t go to lower level. He won’t reduce rent. He actually raised my rent wife and I have been sick more . We has a mold guy here we have mold.

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

It sounds as if you may have claims for reduced rent value, possibly mold damages as well. If desired, with written notice to the landlord, you may have rights to move to alternative housing at the landlord's expense above your rent. Consider reviewing everything with a landlord-tenant attorney.

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1 Answer | Asked in Contracts, Criminal Law, Probate and Small Claims for Oregon on
Q: What can I do and where do I start? Is this legal?

In Douglas county Oregon I moved my stuff in a storage unit in June 2021 that was owned by a friend of a friend. It was agreed I would pay $60 a month and I ended up paying for three months the day I moved everything in just because I had the extra cash at the time. we never wrote anything out and... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 12, 2023

With no question posed, there is nothing to respond to.

1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: I got arrested for drawing blood on the other person but fight for self defense can the other person get arrested

I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense

Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Wat does a notice of entry of judgment limited mean
Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

It means that some sort of Judgement was entered by the court in a case in which you are listed as a party. If you want to know more, you need to either access the court computerized records or talk with a clerk at the court where it was entered.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord was given 30 days' notice but the tenant didn't move after the date. What can the landlord do?
Gregory L Abbott
Gregory L Abbott
answered on Mar 3, 2023

Not accept any rent for time after termination notice expiration date and file to evict in court.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Rented apt since 2014 in Gresham OR. rental agreement always included water, new owner added water fee. legal?? Reno M.

I was initially the manager here until apt.'s 1st sold, under second owner since then. Have raised rent regularly also. With recent one just received today.

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

There's not enough information to say. The lease has to have some specific information and adequate notice provided. Plus Oregon's rent cap still applies. Consider reviewing everything with a local landlord-tenant attorney if you want to know for sure.

1 Answer | Asked in Contracts, Education Law and Small Claims for Oregon on
Q: I understand that you cannot appeal a small claims judgement but what can you do when the judge rules against law?
Gregory L Abbott
Gregory L Abbott
answered on Feb 16, 2023

Accept it. No appeals means no appeals.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord restrict your access to an entire apartment complex on the grounds that you were evicted from your unit?

My roommate was recently evicted from his apartment, he was the only person on the lease and the landlord was aware of my presence within the unit and never said anything about it. After my roommate was evicted and had vacated the property, I returned to the apartment complex to visit a different... View More

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

If you occupied the property, the landlord should have evicted you as well as his tenant. Normally that is done by including "And All Others" or something similar as a defendant. Otherwise, they could end up evicting the named tenant but not anyone else occupying the dwelling. If you... View More

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