Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in a rather big apartment complex and we only have one trash compactor and no recycling, is this legal?

The trash compactor is in the very back of the complex and it makes it very frustrating trying to take out the trash especially during the cold seasons. We literally have to drive it over cause it's the equivalent of 3 blocks away. Probably 5 blocks if you live in the farthest part of the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 17, 2016

There is no law I have heard of that regulates the number and distance to trash collection sites.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I've recently suspected that my apartment complex makes tenants share water heaters, is this legal?

I've recently noticed that when I come from being at work all day, and I go to take a shower and there is hot water for only 10 minutes. The water heater is not broke and I've heard it turn on without having used any hot water in my apartment. Is it legal for an apartment complex to do... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 17, 2016

Potentially legal, see the law on the topic here: http://www.oregonlaws.org/ors/90.532

2 Answers | Asked in Contracts for Oregon on
Q: I loaned 18,000 dollars in 2000.I have a signed legal form from him.No witnesses. Is it valid?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 8, 2016

Assuming all the formalities of a contract exist, and putting aside any statute of frauds issues, yes. A contract does not have to be witnessed to be valid.

That said, the statute of limitations for breach of contract is 10 years, so you may not be able to collect.

View More Answers

1 Answer | Asked in Criminal Law for Oregon on
Q: I really need to get this assualt 4 misdemeanor expunged from my record. I have been homeless for 7 years and am

currently living in an rv on a friends property because no one will hire me. This was my first "offense" ever and I got it from defending myself from a meth addict psycho ex boyfriend of mine (yes I'm the female). He was extremely abusive towards me multiple times but never got... View More

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

Here is the statute:

http://www.oregonlaws.org/ors/137.225

As a general proposition, that can be expunged.

1 Answer | Asked in Traffic Tickets for Oregon on
Q: if court is closed for holiday n your speeding ticket says to appear yet it's closed what happens.
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 8, 2016

No hearing is held that day. Call the court or go the next day to find out when the hearing is supposed to be.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I rented a unit in Oregon that was sold to an owner occupier. I'm I still liable for cleaning/carpet fees?

It is supposedly being occupied by the new owner not being officially turned over as a rental. Our deposti refund included a subtraction for cleaning fees but I'm not sure if we really owe those. thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 5, 2016

It does not matter how you became no longer the tenant, you are responsible for all of the legal fees/deposits that you would be as if you decided to move on your own. That said, not all fees and deposits are legal. Review the following to see.... View More

3 Answers | Asked in Car Accidents, Employment Law and Workers' Compensation for Oregon on
Q: Can I claim lost wages from both workmans comp and auto insurance due to an auto accident while on the job?

I reside in Oregon and the accident happened in Oregon. Employer is not being professional about the situation and neither is their workmans comp agent. The accident occured on July 20th and I have not received payment for lost wages and my medical bills are not being paid. Driving is part of my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 5, 2016

The first question is, did you file for worker's compensation yet? Sounds like it, but make sure you do to ensure the WC carrier is on notice.

There is no problem with claiming the wages through your own insurance, but just know your own insurance will then seek reimbursement from your...
View More

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: Am i legally required to sign any sort of termination paperwork? Isnt my check supposed to be ready within 72 hours?

So on August 12 I put in a three week notice to my employer stating my resignation. I ended up being fed up with the lies and behavior or my employer and sent a text telling her i quit around 4pm on saturday the 27th, two weeks of my three in my notice. She (my employer) is now telling my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 31, 2016

You are not required to sign anything as to a termination, other than if you are receiving a severance. As to when your check with all of your final pay is due, since you quit with less than 48-hours notice (the three week notice was moot when you quit earlier), your final pay is due as follows:... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How can I get rid of a roommate to my tenant who is not on the lease and threatening harm to my tenant if he enters?

Tenant took on temporary roommate for three mos, with verbal agreement only.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 25, 2016

This could get complicated quickly. This also depends on the lease, written or not. I would suggest contacting a local landlord-tenant attorney who handles the landlord side of things to have them take care of it. This is because if you screw up, you will need to hire an attorney to fix it, which... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord did construction for three weeks on our apartment and we had to get a hotel. Are they required to compensate

The construction consisted of removing a large chunk of wall in my daughter's room, my room and hallway for plumbing. My daughter is two and couldn't be left in her room or my room to sleep or play because they were sealed with only plastic. I also work from home in music and had to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 23, 2016

You should have come to an agreement with your landlord before moving out to cover all of these expenses. I would contact a local landlord-tenant attorney to discuss in greater detail.

2 Answers | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Q: If a lawsuit is filed as a tort case, can the judge relabel it as another type of case?

The judge declared the case as not a tort, despite multiple (uncontested) tortuous acts.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 12, 2016

The judge has wide discretion, and if the judge who has years of legal education and experience says it is not a tort, then it probably is not a tort.

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Being asked to vacate apartment for frivolous remodeling. This will cause me financial hardship & emotional distress

I moved into my unit 8 months ago, new floors were put in before I moved in. My landlord now wants me to completely move out for two weeks (including all my furniture) so he can put new floors in my unit, then I'm supposed to move back once the work is done. So basically I'm being asked... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 10, 2016

Unless your lease says differently, you should not have to move out unless you agree to (assuming you are not on a week-to-week lease). That is, if he wants you out, he should pay you to move you. I would suggest contacting a local landlord-tenant attorney in your area (might have to try Bend) to... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord lock someone out, then take all of their possessions and tell everyone you didn't leave anything behind?

My landlord kick me out because I was behind on rent a month and a half. I met him in court where we stipulated for an agreement of $200 I owed him if he would give me 30 days to move out. He agreed and I went home and started packing. On the date in which I was supposed to pay he would not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 10, 2016

I personally do not do debt collection, but I believe as part of your judgment you can get the costs and attorney's fees back for going after this debt. Thus, I would suggest finding a local debt collection attorney to discuss, with them taking your case on a contingency basis so you can... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Oregon on
Q: If my renter's dog attacks someone am I liable or in danger of legal action against me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 9, 2016

"in danger of legal action against me" very much so, if your renter does not have renters insurance or enough of it. Are you liable, that is a much more complex question. If this actually happened, versus theoretical, contact your own insurance company to put them on notice of a claim.

1 Answer | Asked in Employment Law and Contracts for Oregon on
Q: Is it legal for a dog-walking company to require independent contractors to conduct unpaid, free consultation meetings?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 8, 2016

If you are in fact an independent contractor, then yes, they could do that as you are not their employee. However, you may not be an independent contractor and instead should be classified as an employee. If you were an employee, then you would have to be paid for those hours, in addition to a lot... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What if my lease just says Give notice it doesn't say whether it can be written email or text
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2016

Then it has to follow the written notice requirements here: http://www.oregonlaws.org/ors/90.155 which does not allow for notice via text/email.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a text message or email considered a legal way for my landlord to give me a 60 day "no cause notice to vacate"
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2016

If your lease allows for it, then yes.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a email or text message considered a legal way to give a 60 day "no cause notice to vacate"
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2016

If your lease allows for it, then yes.

3 Answers | Asked in Car Accidents, Personal Injury and Bankruptcy for Oregon on
Q: Letter demanding payment for car accident injury

I live in Oregon and I just got a 30 day written demand letter for $10,000 in payment for damages exclusive of PIP for a personal injury claim. After those 30 days, they will file a lawsuit under ORS 20.080. They sent her medical records and bills in a CD and the total medical charges on her are... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 25, 2016

When you say you are under your dad's business insurance, if you mean his auto insurance, then just send this to your auto insurance carrier. They likely already have this, but this is just a tool attorney's use to try and get the insurance companies to skip the BS and get to a fair... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My current lease with our tenants doesn't have a specific clause about "no alterations or improvements to property".

A tree was planted without permission and we want to remove it when they leave and charge their deposit for costs. Can we charge them to "repair" the lawn back to what it was before, using only a clause "tenant must surrender property in as good condition as was received" or... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 23, 2016

The problem is, is removing the tree a repair, and is it damage? Generally adding something like that is not detrimental to the property, and trees often enhance the value to the property. Where you did not have a clause in your lease, it would be best to not charge the tenant, as if they... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.