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Questions Answered by Gregory L Abbott
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If you have the police serve an eviction is there anything you can do to stop it.stop the eviction
Gregory L Abbott
Gregory L Abbott
answered on Dec 9, 2022

A landlord can always dismiss the case in court. A tenant can always try to negotiate a settlement agreement but they cannot force it.

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: I have received a letter from a moving company asking for $ from not paying a full amount to them because of damages etc

This year I had movers and they told me the move would take 2 hours. They ended up taking roughly 8 hours after locking themselves out of my apartment complex (while having the key I provided them) several times for hours at a time. Breaking and damaging my items as well as putting dents and holes... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2022

So is there a question here? Sounds like the normal, same bottom line - either you work things out with them or you refuse. In that case they have to decide whether they want to drop the matter; send you to a collection agency (who then has the same options after harassing you and dinging your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Lease is up 12/31. We have not renewed or agreed to month to month. if we leave by 12/31, do we have to pay for 30 days?

Current lease term is up on 12/31, but we will not be renewing. We have until 12/15 to either renew or go month to month. If we find another place and vacate before the end of our term on 12/31, are we still obligated to pay for 30 days' notice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2022

Assuming you are in Oregon, it likely depends upon exactly what your lease says about renewal and/or termination. Fixed term leases vary - some automatically roll over into a month to month unless either party provides notice ahead of time that they do not wish to renew; some self renew for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager require that each person makes three times the rent to qualify?

My husband and I have been living in our current rental for 3 years. New management took over and they are telling us that because my husband and I do not BOTH make 3 times the rent that we no longer qualify to live there. I support my husband while he's in grad school and this seems like... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 6, 2022

I already answered your question over on Avvo.com but would add that I assume you are on a month to month tenancy (or they couldn't even try to kick you out until the end of the lease without alleging and proving you violated the lease terms somehow). You also don't say what they have... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As a landlord, can I immediately evict a tenant for criminal activity documented by law enforcement?

Tenant was arrested for auto theft and credit card fraud.

Gregory L Abbott
Gregory L Abbott
answered on Nov 28, 2022

IF the acts complained of were committed on or in the immediate vicinity of the rental premises, then likely yes with a 24 hour written notice. Note that just because the police arrest someone, they have not yet been proven guilty so you might be challenged in an eviction procedure to prove it.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I move out of my rented room without notice, or do I legally have to give 30 day notice? I did not sign a lease

I live in a house and rent a room. I did not sign a lease prior to moving in a year ago. I am about to move and I'm wondering if I need to give 30 days notice? Or if I can leave whenever because I didn't sign a lease. I live in Portland Oregon

Gregory L Abbott
Gregory L Abbott
answered on Nov 28, 2022

A written lease is not required and makes no difference in this matter. You do not have to give any notice - but you will owe an additional 30 days rent. If you give just 15 days written notice (it must be in writing to be legally valid) before moving out, you would then owe an additional 15 days... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have a leg to stand on in court

My my landlord recently passed away and her son took over the apartment complex where I live they had put it on the market to sale told us everything would be fine then all of us get a termination of our lease reasons were because the apartments were unsafe or unlivable during renovation so we had... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 22, 2022

They can only give you a 90 day notice if you are on a month to month tenancy, not if you are on a fixed term lease. If the landlord owns more than 4 rental units in Oregon, they should have paid you at least a month's rent as relocation assistance. If not, arguably the notice is invalid.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My land lady charged me 350 for rent When I needed help she excepted monies from the state that helped me pay rent. Sh

Charge them over the 3 month period 550 a mo amount as well as to other non profit organization that helped me through, is this legal? To charge and take more money? She stated if the states give her free money she charging them more and she did

Gregory L Abbott
Gregory L Abbott
answered on Nov 15, 2022

That is called fraud. You should report it to the organization that paid your rental assistance and to your local police department and, if you wish, to the Oregon Attorney General's Consumer Fraud Division.

2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Gregory L Abbott
Gregory L Abbott
answered on Nov 15, 2022

Depending upon many factors, including when he transferred his assets and the terms of the Trust, you may be able to collect. Review everything in detail with a local collections attorney or possibly your divorce attorney if that is where the Judgment originated.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I get cash for keys

My landlord won't get the electrical lines to the house.fixes, no furnace, no running hot water, no electricity,hasn't paid her.prop.in 3 years. now I heard she is going to evict me after 7 years to sell what r my rights and can I get cash for keys I have no money to move.

Gregory L Abbott
Gregory L Abbott
answered on Nov 9, 2022

You don't say where in Oregon you are located. You are likely to be entitled to a reduction in rent during the time things have not worked. Second, consider asking a Judge to require the immediate repair of the property. Lastly if you are on a month to month tenancy, do understand that your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Sewage backed up into my apartment and its no longer habitable and my property was destroyed.

She new of this problem 3 years ago.

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2022

Is there a question here?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Oregon on
Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)

We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2022

Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are the penalties for locking out an adult child that refuses to leave voluntarily?

He does not pay rent, was not invited, just showed up and my mom let him in. Now he has been there a month and my mom has asked him to leave but he refuses. I know we can go through the eviction process, but I am wonder what penalties there are for an illegal lock out in Oregon, Polk county

Gregory L Abbott
Gregory L Abbott
answered on Nov 3, 2022

Bad idea. First, depending upon the details, eviction may not be a viable option. If you lock out, he is perfectly legal in breaking in to the place of his lawful residence - and it is his lawful residence until a court throws him out. Or he can call the police and they should force you to let... View More

3 Answers | Asked in Consumer Law and Collections for Oregon on
Q: How can I collect on a bad check? I sent a demand letter 30 days ago but haven't heard back.

The amount is $2,000.00. It is for agreed-on reimbursements for concrete work that was not performed. The check came back as 'fictitious' . The bank wouldn't give me anymore information. Do I take it to small claims court or somewhere else? I did send a demand letter 30 days ago with no success.

Gregory L Abbott
Gregory L Abbott
answered on Oct 31, 2022

The question really is whether you can actually collect a Judgment from the guy and if so, is it cost effective to try. If not, suing and trying to forcibly collect is a waste of time and money. If worth it, small claims court h

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was approved for rental assistance, but my landlord won't accept the payment and now the company says I'm denied help.

My question is can a rental assistance company blame me for the landlord refusing to accept payment and now say I'm no longer approved and my case has been closed.

Gregory L Abbott
Gregory L Abbott
answered on Oct 28, 2022

Blame you? Not likely. But close your application and deny payment on it? Sure. If the landlord will not accept the payment, what else are they to do?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I signed a stipulated agreement that the Landlord requested I move out by November 1st, and then let me stay, legal?

Landlord requested I move by Nov 1st, she then texted me a d said I can stay. Does that void or violate the original agreement?

Gregory L Abbott
Gregory L Abbott
answered on Oct 27, 2022

It does not void it - it may modify the terms assuming you both agreed to the changes or, depending upon the exact details, it might even be ineffective and unenforceable rendering the original agreement still dominant and controlling. Be sure to have any changes in writing, signed or otherwise... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to turn my power off and lock me out of running water in the bathroom

We have a verbal agreement that I can live here rent free until I die because I have cancer and he is denying me access to the house where I have running water and a bathroom

Gregory L Abbott
Gregory L Abbott
answered on Oct 27, 2022

Your situation sounds quite perilous. The "verbal agreement" may well be unenforceable and subject to being rescinded or changed at his whim. If there is no rent, you may not be a tenant and he may not be a landlord. It matters because IF he IS your landlord, it is unlawful to shut off... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Oregon can landlord use Security Deposit to cover last 5 days of unpaid rent and unpaid utility money owing a roommat

This is under a signed year lease agreement. Portland, Oregon

Gregory L Abbott
Gregory L Abbott
answered on Oct 25, 2022

Security deposits can be used by a landlord for amounts owed the landlord, not for amounts owed others.

1 Answer | Asked in Family Law and Collections for Oregon on
Q: What does a certificate of extension involve for an OR circuit court attorney fee judgement expiring 10/31/22
Gregory L Abbott
Gregory L Abbott
answered on Oct 20, 2022

There is a statutory list of information that must be included in the document; it must be paid for and filed with the court. Most any attorney can handle the matter for you if you wish.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landord evict me if I paid more then half my rent in Aug then in Sept and Oct paid rent in full in Portland Oregon
Gregory L Abbott
Gregory L Abbott
answered on Oct 15, 2022

Sounds like you still owe for half of August. If so, and the landlord complies with the technical requirements, of course you can be evicted for failure to pay your rent. Paying rent is not optional.

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