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Questions Answered by Mr. Michael O. Stevens
5 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Which type of lawyer do I hire for a civil suit regarding damage and injury during a car accident with uninsured driver?

A few weeks ago I was t-boned by an uninsured driver who ran a stop sign and I have some injuries that I am currently seeing a chiropractor and LMT for 3-4 times a week under PIP coverage with my insurance company. I do not have collision coverage, only liability.

I am seeking... View More

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

I believe you are the same person as who posted this at Avvo, and yes, you need a personal injury attorney. That said, attorneys here and there cannot solicit your business, you have to contact them first. This is partly the rules on the websites, but also partly the somewhat archaic bar rules.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights and options as a tenant

I have reported number of time to management about my neighbor stalking, me harassing me, cutting lock off my shed and stealing from me, he has striped everything on my boat from taking my electrical panels out, septic system, holding tanks, cut ally hoses and pipes, cut holes in walls, and the... View More

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

Not sure why this is posted in Oregon since this is a WA issue. I would suggest seeking out a free consultation with a landlord-tenant attorney in your area. They can go over whether or not you have a case worth pursuing.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant suddenly moved out during middle of month and wants pro-rated rent. There is no lease and this was never agreed.

Can he sue me for pro-rated amount even though it was never discussed or agreed upon and there is no lease in place?

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

The question would become was the tenant a month-to-month tenant or a week-to-week or less tenant. If you have monthly checks, it would show it was month to month, and as such he had to give at least 30 days notice before terminating his tenancy.

1 Answer | Asked in Business Law for Oregon on
Q: NBCC upon renewal of membership asked if I had ever been fired for cause. I answered yes and sent them all my docs.

I had been fired for a relationship with a woman in the three county managed care registry, not a client of mine as I had no clients. My contact with her had been as a crisis counselor and ER evaluator. All of this was 15 years ago, as I dropped out of the profession for all those years. NBCC is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 10, 2017

This is a really specific matter, and odds are you will not find an attorney who happens by here with the specific knowledge for your legal issue. You will probably need to seek out someone who handles board decisions (professional malpractice) for professional licenses. While not the same, but... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: Oregon-rent is paid for 30 days along with a notice to vacate at the end of the 30 days. I've moved earlier than the 30

Can the landlord rent the unit to a new renter before my paid for 30 days is up?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 9, 2017

If you have surrendered possession of the unit, they can rent it out and a new occupant can move in.

1 Answer | Asked in Employment Law for Oregon on
Q: If an employer pays every year for prior year unused vacation, must they pay the prior year's on a final paycheck?

My former employer pays you for unused vacation every year for the prior year. I was employed from 2014-2017. I was paid in 2016 for vacation not taken in 2015. I quit in Jan of 2017 with three week's notice and had 40hrs unused vacation time. Are they obligated to pay me for the unused... View More

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

Based just off what you wrote, hard to know. The key is not whether they pay you out from year to year, but what is their policy as to paying it out upon termination/separation? Many companies have written polices on the topic, and those are generally controlling on the topic. Now the fact that... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

I was hired by an employer in Portland Or, after disclosing my complete criminal background and them approving me for hire. a week later they sent me across country to North Carolina to work, so I sold my car and everything I owned here on the promise of work there with stipends, paid everything... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 26, 2017

You have also asked this on Avvo.com, so I would recommend waiting for responses there.

1 Answer | Asked in Business Law, Domestic Violence and Civil Litigation for Oregon on
Q: My ex finance refuses to pay money he owes and return my property. There is physical and verbal abuse what do I do?

My ex pushed a quick engagement and moved me from CA to OR. I quit my job, sold many things and moved. He stated if there was a break up he would move me back and pay for my expenses to reestablish. I worked for him part time and he refuses to pay outstanding wages and refuses to pay the... View More

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

First, if you knew all about his past to begin with, why did you agree to date him let alone move for him? While not a legal question, it is something to ponder, as a jury will do the same if you went all the way to court on many of your above issues.

Otherwise, I would also suggest not...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I need to write my landlord to withhold rent due to unsafe habitatability? Or does verbal work fine?

There is a large hole in my living room. I have three children under 7 yrs of age and they got sick and got hand foot and mouth disease while the temperature in my home was unregulated because of the hole. We also got mice while it was snowing and the temperature was 33 degrees. My heating bill for... View More

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

Must be written. Send via first class mall, and be sure to keep a copy. I would also recommend via email as well.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: can i call and have the police come to my apartment if a neighbor is complaining of noise. I feel i'm being harassed

My downstairs neighbor has been complaining of loud noise coming from our apartment...we have lived above her for nearly 3 years and done the same things everyday..the only thing now is we have an 8 month old who just in the last 2 weeks has learned to crawl. i have spoke with the manager 3 times... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2017

I would not recommend calling the police. This is a civil matter. What likely happened is the downstairs neighbor has probably complained a few times to management and increased that lately. The management then does have to investigate, and it is possible they simply ignored it before since you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am a landlord and my tentant is on parol and not allowed to use alchol and does about a pint a day. what can I do, he

he is abusive and disruptive to neighbors6c

he is abusive and distrubes the neighbors

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 27, 2016

Contact his probation officer and tell them of the parole violation. That may get him sent to jail and out of your hair temporarily. If the tenant then stops abusing alcohol, that may solve the other issues. Otherwise, you could start the eviction process, but I would suggest hiring an attorney for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Where can I locate an Attorney that does Legal Aid, can represent me with no fee or help me prevent eviction very soon?

Obviously I have no money to pay legal fees. My landlord is filing for eviction (I think at Hillsboro Courthouse) Thursday or Friday this week. i think I have a strong case to at least delay the actual Sheriff visit to vacate.

My landlord has worked with me many times when i was late on... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 20, 2016

Legal Aid has an office in Hillsboro: https://lasoregon.org/

Q: multi family apartment federally funded, are they required to have a accessable unit?

tenant became disabled & is in a wheelchair,he needs transfer to lower unit w/ mobility features.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 9, 2016

See the last portion of this article: https://www.osbar.org/public/legalinfo/1248_HousingDiscrimination.htm

Then call the number listed for Fair Housing.

1 Answer | Asked in Animal / Dog Law for Washington on
Q: Can anybody take photos of your dog on your own property without your consent
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 8, 2016

As long as they are not trespassing, yes.

1 Answer | Asked in Collections for Oregon on
Q: Can an attorneys office, collecting a debt, LIE to you and give false information like your license being suspended?

An attorneys office told my son that his License has been suspended and that they require $150.00 to restart the payment arrangement and the 150 would include his Reinstatement fee for the DMV, as they have the power to have it suspended for non-payment.

My son had a payment agreement with... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 8, 2016

The Oregon Rules of Professional Conduct would prohibit a material misstatement. Most states have similar rules, but no idea as to if this was a legitimate law firm or even an attorney. Even if it was a staff person at a firm, the attorney could get in trouble. I would suggest contacting the state... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have was given a 10 day verbal. notice to vacate a storage rental, is that legal?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 1, 2016

Unlike residential rentals, there are few laws related to self-storage units. The main one relates to liens (http://www.oregonlaws.org/ors/87.687). Thus, this would be governed by your contract with the facility.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to give a 72 hour notice to a tenant that is not on any lease living month to month?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 19, 2016

If it is for non-payment of rent, yes. Anything else, likely not.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My boyfriend is evicting me

I've been with my boyfriend for 5 years and just recently he told me I had to get out within a week. But because he had surgery he told me he needed me for that and then I could stay until after. Then today he told me that his dad came over with eviction papers for me. What are my rights in... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 13, 2016

Did you have any sort of written lease? The issue comes down to what was our lease, and if it was month to month, then the eviction notice has to give you 60 days to vacate. If you were in say a year-to-year lease and only six months in, he could not evict you without cause.

4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: May an auto insurance provider require all of my medical records for the last 15 years to process injury claim?

I was a passenger in an auto that was rear ended. My friend's auto insurance is covering under personal injury protection while pursuing the at fault driver's insurance for reimbursement. My friend's auto insurance is demanding that I sign a consent to disclose "any and all of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 29, 2016

Since it is not your insurance, you do not have to cooperate in this way. In fact, it is in your best interest not to, since much of this would likely end up in the hands of the other insurance company. The reason that is bad, is you have a case against the driver of the other car for more than... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: I was wanting to know about the laws concerning employment & drug tests. I am ill but can work but take oxycodone

I understand about certain jobs on site. But I wish to do retail. I need a job! A person would not be able to tell I am on my medication as all it does is kill the pain my disease causes so I can work and can have a productive life.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 29, 2016

Depending on your illness, it may qualify under ADA as needing to be accommodated. Such a reasonable accommodation could include the use of something like oxycodone.

Further, must drug tests are testing for illegal drugs. If you have a prescription then it is not illegal, but it is usually...
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