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Questions Answered by Robert L. Mauger Jr.
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My 94 yr. old mother who is living with us fell and broke her wrist. She is unwilling leave.

We can no longer provide for her the necessary care, as her needs are greater than our skills. How do I "evict" her?

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Feb 5, 2016

Sorry to hear about your situation and hers. You might be able to get a guardianship over her and then make care decisions. You could also, after giving proper notice, go through the eviction process. Either way, you will need to consult with your own attorney. Good luck.

1 Answer | Asked in Public Benefits for Oregon on
Q: Finding a court appointed guardian for my mentally and physically handicapped sister to take over her finances.

She is currently on SSI. Her finances used to be taken care of by Whatcom Financial but once they had saved a small reserve for her she fired them and spent the money. She is out of groceries currently. She has homecare thru the state and Catholic Services. Her son lives with her as her... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Feb 5, 2016

Chances are good that unless you or your brother or someone else care enough to apply for a guardianship or custodianship over her, there's not much that can be done to prevent her from having a rough life. You might want to talk with a local attorney about persuading her to come out to visit... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: We moved our RV to some property in Turner Oregon a place to park RV and live there in trade for my labor

After a few day the property owner wanted me to move the RV to the upper part of the property then after a few weeks he first closed the gate and refused to let us drive up the drive way to our RV again a week later he wanted the RV moved back down to the bottom we was not home we was at the... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Feb 5, 2016

You might want to bring a claim against the property owner himself and let him pick the fights with the insurance company. Given that this was a residential tenancy, you might be entitled to your attorney fees as well as statutory damages. Good luck.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: i moved in with my friend and she did not want to landlord to know.

Because she did not want another person to live there. and they never cleaned u after them self at all and they lefter their 8 month old and there 5 year old home a lot when i get home from work. i was done and so i moved out and they want me to pay for this moth rent. do i have to since i... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Feb 5, 2016

Some friend. In theory, if you were a subtenant (even under an oral lease, not permitted by their landlord) you would be on a month-to-month lease and required to pay rent up to 30 days after you moved out. But you're probably better off writing this person out of your life and ignoring her... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live with someone who is now my ex in a apartment with a one year lease. She is controlling and mean but my biggest

Problem is that she is a horder and are living room look like a storage unit with all her stuff. I am not allowed to use any of her things but have no room to put anything in the apartment. I've contacted the managers about breaking the lease but was told that I have to have her sign a... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

There's probably nothing you can do with respect to your lease and your obligation to pay rent to your landlord--the only exception is if her "controlling" behavior becomes the basis for a stalking or restraining order, and then you may be able to break your lease or force her to... Read more »

1 Answer | Asked in Foreclosure for Oregon on
Q: do u still have to pay space lot if land is under forecloser??

I have lived in a rv park for almost a year since then our water has not been standard judgement after them for that our power gets turned off.. it's back on not because he paid it but another resident is on oxygen.. he has broken into my house he is shinning his lights in my window and now he... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

While the property is in the foreclosure process, you still need to pay the landlord or property manager rent. However, given the circumstances you describe, you may have other claims against your property manager. You should talk to your own attorney before withholding rent. Generally, you should... Read more »

1 Answer | Asked in Civil Rights for Oregon on
Q: Housing Discrimanation? Can I bring a case up against my property mangager ? The wrong doings and stress they have cause

I realize that Property company has the right to a no cause evictions for whatever reason , I dont want to move but I also know that I wlll have too, however the reasons and and actions have caused me so much stress and emtional anguish I cant help but wondering if I have any recourse . Ill start... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

It sounds like there's a good chance that the landlord gave you the wrong notice, ordinarily a space rent contract can't be terminated with less than 180 days notice, if at all. If you can't resolve things with your property manager, talk to your own attorney before the notice period... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: 2 owners with an undivided interest as tenants in common in OR real property. Do each need to sign listing contract?
Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

Assuming that you're both selling your share, then yes, you probably should both be on the listing agreement. If only one of you is selling, you probably don't both need to be on it, but I'm also not sure who would buy a one-half interest in real property.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a lease but there is a clause that says the landlord can raise the rent providing such notice required by the act

Is this legal? I live in Oregon

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

If the lease is a term lease, the landlord cannot raise the rent during the term of the lease from the written agreement, but could raise the rent at the end of the term if the lease becomes month-to-month or needs to be renewed. You don't mention whether the landlord is trying to raise the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was arrested and incarcerated in Feb. 2015. My landlord knew of this, and re-rented my house with all of my belongings

still in it. I've filed a lawsuit against him for Return Of Property, but he has a lawyer that said someone else got rid of my belongings, and said that he will bring up my criminal history in court to say that I am not a credible person. Help me.

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

It sounds like the landlord definitely has some exposure, but clearly aren't taking you seriously. You should contact an attorney who can review the facts. If you're the prevailing party, you will be entitled to twice your actual damages and your attorney fees. I'm skeptical that... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a tenant who, when drunk,pulled two fire alarms in the condo building. Does this constitute eviction with cause?

There is a lot of circumstantial evidence he did this, but it hasn't been proven yet. If I could get an answer for both scenarios (he is proven to have done this; they cannot prove beyond doubt that he did this), that would be great. There was slight damage to one of the alarms.

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

Proof is not required in a civil matter "beyond doubt," but only by preponderance of the evidence. That said, before "eviction" you need to provide proper notice of a for-cause violation, with 30 days to cure the violation (in this instance, not pull any more fire alarms, or... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: If a home seller doesn't disclose something on seller's disclosure (no air in master bedroom) how do we prove they knew

We purchased a home last year and found out there is no air flow to the master bedroom. We had the vents scoped and according to two companies the duct work goes into wall so was never connected. She lived there for 15 years and didn't disclose it on seller's disclosure. Originally she... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr. answered on Jan 28, 2016

Typically, the rule is buyer beware. Most real estate purchase contracts have an inspection period where you are expected to do your own investigation. That said, you may still have a claim for fraud. You have to show a material disclosure (e.g. that she actually made an important claim about the... Read more »

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