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Questions Answered by Mr. Michael O. Stevens
2 Answers | Asked in Landlord - Tenant for Oregon on
Q: If a tenant lives in your rental for over a year do you have to give them a 90 day notice to vacate or 30 days
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 7, 2017

If it is not in Portland, and on a month to month (after the year you note), then it is 60 days. See ORS 90.427.

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: 60 year old woman in the Curry County Oregon area has cancer. Can her job be terminated?

The woman has completed her cancer treatment and has a clean bill of health. She works in the private industry. She has very little money. Her employer wants her to train someone to do her job. Looks like she is being fired. Who does she talk to in regards to her situation.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 5, 2017

Having cancer in and of itself does not protect a job. That said, it sounds like she thinks the employer is considering or planning on discriminating based on a health condition, which may violate FMLA or ORFMLA (lots of factors as to eligibility and what not). She can find a local attorney, or... View More

3 Answers | Asked in Personal Injury and Health Care Law for Oregon on
Q: I am part of a mesh lawsuit for organ prolapse

I will receive a settlement for the physical damages done to my body thus far. Anything further that occurs to my body physically in the future is too bad. I have chosen to not have a revision surgery at this time. The pain I feel is tolerable. However, I know that I face more issues,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 5, 2017

If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.

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4 Answers | Asked in Personal Injury for Oregon on
Q: If an existing health issue gets worse after a car accident can you sue for that?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 2, 2017

You can sue for the aggravation to a preexisting condition. The tough part is proving how much worse it is.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can my landlord raise my rent after I request they fix a cracked bathtub? I'm in Oregon.

My lease is up for renewal in a month. The tub was very old and incredibly hard to clean when I moved in. I'm wondering if I should wait to tell them about the tub until after my new lease is in place? We're not using the broken tub now. I am a very good tenant, 100% on walkthroughs. Rent... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 30, 2017

Retaliation is prohibited, but unfortunately it does happen. If you are concerned there will be an issue, best to wait.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: can I be suspended and possibly fired from my job for doing things that I was not aware of were wrong for me to do?

Today I was suspended and told to be under investigation through my job by the loss prevention manager, for doing things wrong that I was unaware of were wrong. I have only been employed with the company for a little over a month now and I am still learning what can and can't be done. Today I... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 18, 2017

Yes, they can do this, nothing illegal about it. In fact, if they had wanted to, they could have just fired you, as employment is at will. That means that can fire you for just about any reason, or no reason at all.

2 Answers | Asked in Personal Injury for Oregon on
Q: How would i go about talk to the apartment complex about the bills. what is the best way?

To go talk to the apartment complex about them covering my bills from when i broke my leg in there parking lot due to snow and ice on the street. what is the best way to go about this? Do i call their insurance or the manager of the complex. Do i need to ask or say anything in particular?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2017

Talk to the manager, unless you happen to have their insurance info, and tell them you fell due to the snow in the parking lot and need to see if they have medpay coverage as part of their landlord insurance.

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1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

I am a retail pharmacist in a small Oregon town. My employer is initiating on-site quarterly random drug testing. The problem is, we only have one bathroom and it is designated public. The bathroom door is about 5 feet from where customers line up for prescription drop-off and counsels, and any... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2017

I am not aware of any law that would prohibit this. However, your first step should be to take your concerns to management. A well laid out argument that addresses exactly why this is a bad idea for the company (e.g. lost customers), along with a well thought out plan to address those concerns but... View More

3 Answers | Asked in Personal Injury for Oregon on
Q: Do i have a case If i broke my leg in a apartment parking lot due to ice/snow I had surgery and i am unable to work?

I slipped in a apartment complex parking lot where their was a lot of snow and ice. I broke my leg and had to have surgery. This happened in janurary I have been unable to work since then and have no income. My bills are piling up from the accident. I am wondering if i have a case on suing the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 15, 2017

First, if you have a case, it will not cost you anything up front, as attorney's take these on a contingency basis.

That said, it is at least worth it to file a claim with the apartment complex, as they often have medpay insurance, meaning they will at least cover your medical bills up...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: is it retaliation if landlord served 60 day notice after my niece and nephew almost died from carbon m, and filed suit?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 15, 2017

Retaliation is difficult to prove in the landlord-tenant realm, but it sounds like you could have a case. Contact a landlord-tenant attorney in your area to discuss.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: On 4-28 my landlord lost in eviction court. 4 days later filed a restraining order on me. What do i do? I cant go home.

Her restraining order is made in retaliation cause she lost. Now she is all in my room and my things.throwing stuff away.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 11, 2017

First, file a ORCP 68 motion to get your costs, if you have not already due to winning at the 4/28 trial.

Them I would suggest finding a landlord tenant attorney in your area to consult with. The retaliation gives you new claims against her, as would her going through your stuff.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My family is having some big issues with the way our landlord is handling maintenance repairs and more issues than that

Electrical issues water leaks deposits, labor need advise

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 8, 2017

I would suggest documenting everything to start with. Then, take all the evidence you have to a landlord-tenant attorney near you to discuss. Most will give you a free consultation, and if you have a case, will often take it on a contingency basis. They will then be able to walk you through what... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Our business landlord is stealing materials, supplies and jigs, harassing employees and demanding to use our equipment.

We are in a triple net lease that ends 12/31/17. We also have a non-compete contract which he has blatantly violated and we have proof. What can we do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 2, 2017

You could sue him for breach of contract, plus conversion for the stolen materials.

4 Answers | Asked in Personal Injury for Oregon on
Q: A construction companies truck almost killed me and I want to know where that leaves me legally

I was walking to the grocery store when a truck belonging to a construction company came around the corner. The two tires on it's passenger side came off while driving and one of them came directly at me. If I had not been as quick on my feet at I was the tire would have hit me and probably... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 2, 2017

Given you were not physically impacted, you would have a tough case. Theoretically you could claim assault (which battery is the physical touching), but it would be difficult to win, not to mention what are your damages? Without significant damages, attorneys would likely not take such a case, and... View More

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: When a lease is signed does it cover only what existed at the time of signing. Well house added later, lease not redone

Added a well house later, pipes froze as I didn't know I was supposed to do anything with the well house. I wasn't even given a key until after the landlord fired the maintenance guy

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 1, 2017

I don't think there is a default answer for this. It will likely come down to who has the better argument, assuming the lease does not cover this type of situation.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A renter built a large greenhouse which required a building permit which I signed for. Who owns the greenhouse?

They were renting a house on the property as well and they nearly destroyed it. I informed them that I would not be renewing their lease. I also made note that any improvements made to my property remain with the property. I was referring to a well pump and line as well as a holding tank for... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 1, 2017

Start with what does the lease say? A well written lease will cover such a situation.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Hello, I recently faced harassment in the workplace from 2 superiors, and they humiliated me in front of other employee.

Do I have a case? The organization has already accepted responsibility for this. I would like to be compensated for being so humiliated that I can't ever go back.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 28, 2017

This depends on what the humiliation is about. If it is related to you being in a protected class, then yes. For instance, if you are black and they called you say hot chocolate ala the accusation against Bill O'Reilly, that would be humilation related to your inclusion in a protected class.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A tree fell on the house I rent in December, it is now April and the landlord has done very little to fix it.

I live in Troutdale, OR. In December, a tree fell on the house I am renting. Damage includes a broken window, smashed roof vent with probable leaky roof in the area (we can hear it dripping into the pipe the vent covers), the stovepipe chimney torn off the side of the house, deep gouges in the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 24, 2017

You should find a local landlord tenant attorney to discuss what can be done. Some of the damage sounds superficial, but for those that effect habitability, those are what need to be addressed. That can potentially be done via withholding rent, but there is a process that needs to be followed, and... View More

1 Answer | Asked in Employment Law for Oregon on
Q: How do I recover lost wages in Oregon? The boss fired me assaulted and threatened me and stole my mail? What do i do?

Im filing charges for both but how do i get my money he owes me? I grow on a pot farm.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 24, 2017

The best option is to find a local employment law attorney to handle the case. Most of us take these on a contingency basis, meaning you pay nothing unless the attorney recovers something for you. Most also structure it so you get all of your back wages, with the employer paying the attorney fees,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on
Q: Can you receive Workman's Comp based on mental health issues? Is my employer violating Oregon employment laws?

I'm a Property Manager. I'm officially "part-time" but haven't worked less than 40+ hours per week since I started over a year ago. My employer offers insurance benefits to full-time employees only. My employer requires me to live on site and pay $850 rent/no discount.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2017

Try contacting a WC attorney about that part of your question. Note, attorneys cannot solicit your business, you have to contact them.

Meanwhile, unclear as to what sort of property manager you are, as in for apartments or say a self-storage place. If you are to apartments, review this:...
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