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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: 5 MONTH..

YES I UNDERSTAND WHAT IT MEANS TO PAY FOR THE EMPTY ROOM BUT HOW IS IT OK FOR NONE OF US TO BE INFORMED BY HIM THAT THE PAYMENTS WERE NOT BEING MADE? HOW IS IT OK FOR THE LANDLORD TO JUST SECRETLY BE ADDING UP CHARGES AND NOT LET ANYONE KNOW UNTIL LAST MINUTE WHEN WE ASK A SIMPLE QUESTION AND HE IS... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2017

First, PLEASE STOP using all caps. It is considered yelling on the internet.

Secondly, again, take your lease and documents to a local landlord-tenant attorney. Frankly, there are few attorneys hanging out in this forum, and it is difficult for any attorney to give a good answer without...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: PREVIOUS QUESTION 5 MONTH CHARGES..

SORRY BUT THAT DIDNT REALLY ANSWER MY QUESTION. AND NO, THE LEASE DOES NOT STATE ANY PREVIOUS INFO ABOUT A BALANCE. AND NONE OF THE TENANTS WERE AWARE, THE AMOUNT I HAVE BEEN PAYING IS THE SAME AMOUNT THE TENANT I TOOK OVER FOR WAS PAYING. I DONT SEE HOW THAT IS OK FOR A LANDLORD TO BRING TENANTS... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2017

What I meant about what would be on the lease (remember you took over an existing lease, so the original lease) is that all tenants are likely liable for the rent, not just their portion. The real issue you have is with the prior tenants who didn't pay the bill.

If you want to fight...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: IS IT LEGAL THE WAY OUR LANDLORD RANDOMLY GAVE US A FINANCE CHARGE THAT WE DIDNT KNOW WAS ADDING UP FOR 5 MONTHS/NOV-APR

SO, I TOOK OVER A LEASE IN A 5 BDRM HOME MY RENT STARTING 1ST OF JANUARY WITH 2 OTHER ROOMIES AT THE TIME AND 1 MOVING IN A WEEK AFTER ME, WE HAD NO KNOWLEDGE OF FORMER RENT CHARGES ADDING UP FROM TENANTS WHO WERE ON THE LEASE BUT NOT PAYING OR PHYSICALLY LIVING THERE. THE 4 OF US HAVE BEEN PAYING... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 19, 2017

This sounds like one of the problems with taking over a lease, especially one like this where it appears there were multiple roommates. Most likely, the lease you took over explains your situation regarding the fees and that all renters are jointly liable for the amounts.

Lastly, while it...
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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: What are my legal obligations to a month-to-month tenant in a home I am buying in terms of rent increases and eviction?

Know nothing about current tenants other than they are paying 40% less than market for rent. Would like to keep them if they have good credit, can qualify for the new rental rate (a $500/month jump) and will sign one year lease. Otherwise, I need them out in order to make repairs and re-rent to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 13, 2017

If the property is in Ashland, and the tenant has been there at least a year, then you have to give them 60 days notice.

See also: https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm

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1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer make me work at an AFH for 7 wks/no days off and then 2wks on 2 days off for months
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 7, 2017

Not sure what an AFH is, but unless this is a union job (or you are a minor), then yes they can. This assumes they are paying you properly including any overtime.

1 Answer | Asked in Employment Law and Traffic Tickets for Oregon on
Q: can an employer (car sharing company)make the employee pay for parking tickets or any fines associated with city driving

I work for a car sharing company and the employer wants the employees to pay for parking tickets, loading zone tickets, or any city parking violations. If they think the employee is responsible. The thing is our app and software if very glitchy and a work in progress so they can't really track... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 4, 2017

Assuming we are talking about Uber or Lyft or the like, the question is still whether or not you are an employee or independent contractor. If the later, then the contractor would be. If the former, if the ticket goes to you as an employee, then the employee likely needs to since illegal acts are... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I took my landlord to small claims got a defuilt judgement of $2575.00 becuese they did not show.Can i not pay rent?

There refuse to pay.not sure what to do.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 3, 2017

You still have to pay rent, otherwise they can work to evict you. You could send them a letter offering to settle the amount you owe by not paying rent for however long it takes to go through what they owe you. Your main leverage is that statutory interest of 9% per year attaches, so the amount can... View More

1 Answer | Asked in Employment Law, Family Law and Employment Discrimination for Oregon on
Q: Good cause

I was recently denied unemployment even after the hearing because I didn't show good cause why I gave two week notice. The employer didn't show up to the hearing. I gave two week notice after my employer told me I need to get a grip on life. I was assaulted and they never gave the police... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2017

This is a bit confusing, as at the end you say you were fired. Anyway, appeal the decision as outlined in your denial letter. Then be prepared to address the reasons for the denial (not just everything bad the employer did) with actual evidence. For instance, you say you were assaulted at work and... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A tennant is trying to serve me papers. I am out of the country, can anything happen before i get back

An old tennant broke the lease, damaged the property and had an illegal tennant living there. They are trying to serve me papers to recover their lease break fee. I am out of the country till June 1. Can anything happen if I am not there to be served?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 25, 2017

Yes. If they know what they are doing, they can try a few times to serve you, and if unsuccessful, apply to the court to have you served by publication. If you are served by publication, unless you read the court notices section of the paper, you would be served and not know it. There are also some... View More

2 Answers | Asked in Personal Injury for Oregon on
Q: how much to have an attorney to request my medical records for me? I am illiterate and have a difficult time with forms

I have tried myself and am ignored. Thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 23, 2017

Depends on how many records (locations) you are looking to obtain. Then, in addition to the cost of the attorney, most places also then charge a fee for the copies. That varies from place to place, and can vary depending on the number pages in your file. Some places, such as Kaiser, will charge a... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: HR told me my job was safe for 6 months. Have the recorded audio. Then they fired me after 12 weeks of FMLA. Shocked.

Had to go on leave and get temp disability because I needed surgery due to my disability. I had been calling in every 3 days until doc told me I needed surgery. Then I called HR. The head of HR told me that #1-no idea I was gone. #2- my job was safe for 6 months while I was sick and healing. I have... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 20, 2017

Not sure why this popped up for Oregon, since it says you posted from Tacoma. Anyway, find a local employment law attorney to discuss.

2 Answers | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for Oregon on
Q: police liability

homeless people broke into my vacant home. When I discovered this I called police to remove them. They claimed some story about a craigslist scam when police talked to them. Oregon law states I am required to post a 24 hour notice to criminal trespassers which I did and was nice enough to allow... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 14, 2017

Unlikely you would prevail against the police on this, as they did not do the damage. If you have insurance, file a claim. If the claim is accepted, your insurance company my go after the police in subrogation if they think there is a case.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord has naibors taking picture of me and my family and sent a 30 day eviction for lies on me

My landlord sent me and my housing worker a 30 day notice saying i have unauthorized people living with me ..i have a unautherized pitbull puppy ...damage to a bedroom door ....constant traffic day and night with loud noise complaints and i owe a past do water bill...I have noone living with me... View More

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

I would suggest finding a landlord tenant attorney near you to consult with. Most offer free initial consultations, and if you have a good case they will often take the case on a contingency basis since in landlord tenant cases there are provisions for attorney's fees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My property management company changed and they want to switch is to month to month. Can they break our original lease?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2017

No, they cannot break your original lease, or at least not without negotiating it with you.

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: A lump in my fiancee's breast was discovered and noted in 2011. That lump was not diagnosed as cancerous until 2015.

Her medical records notate a 3mm lump but no further tests were recommended or suggested at that time. The lump did grow and was finally biopsied and diagnosed as Stage 2-B cancer in 2015. Since then, she's undergone chemotherapy, radiation and is currently going through hormone therapy. She... View More

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

Really hard to say, as it is my understanding that it is not uncommon to have small lumps that may not warrant a biopsy. I would search out a firm that does medical malpractice, specifically as to cancer-related cases as they would have the right experience for your issue.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: If I witnessed illegal things at work and got fired right after with no reason given can I sue

I saw owners son sale drugs to a co-worker and was also told by the owner on two separate occasions to falsify ATF files for tracking gun sales.

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

You potentially could be a whistleblower and have protection that way, more so for the ATF records.

1 Answer | Asked in Criminal Law and Personal Injury for Oregon on
Q: Looking for a Pro Bone or low cost lawyer

A 35 yo Autistic man with no criminal history whose arm was broken in custody at Inverness Jail.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 27, 2017

Assuming you are attempting to find an attorney to sue the jail over the injury, you just need to find a personal injury attorney who handles civil rights cases against the government. Do a Google search for civil rights prison lawsuit Portland and start calling around. If you or your friend have a... View More

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

I had a storage facility that was on auto payment. When my debit card was lost and changed, the payment no longer went through without me realizing it. I did not receive any notice from the storage facility, either by mail or email, that they were selling my property. I received only one notice of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 25, 2017

I'm not in my office, so I can't look up the statutes, but there are a few on the books that should allow you to go after the storage place. If I recall correctly, there are certain procedures that need to be followed before they can sell your items. An attorney can review those and your... View More

1 Answer | Asked in Employment Law and Collections for Oregon on
Q: What is a distant warrant and writ to execute filed by Oregon employment dept. mean?

Filed because they said I was overpayed

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

Not sure, but it sounds like you were overpaid for unemployment, and they are attempting to recover the over payment.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm a home owner with a room to rent. If I felt threatened or unsafe in my home from tenant, is 30 days notice required?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 20, 2017

You could actually do a for cause eviction sooner, but I would highly recommend hiring an attorney to do it for you as it will get complicated. Plus, if you mess up, not only is the tenant not out, but you would potentially have to pay their attorney's fees.

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