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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I sold my home and was in the process of moving out. The new owner changed the locks, am I liable for the debri removal?

I had an interested party for my appliances that where not included in the sale of my home. They where a mutual friend of all parties. When the new owner heard there was interest in the washer and dryer and fridge he changed the locks and is now trying to sue me for removal of debris in the garage.... View More

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

If the new owner was the "new owner," and entitled to possession when he changed the locks, he has committed no wrong. The question is what does your sale agreement say about property which is left behind.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: What happens if our landlord dies, we don't have a written agreement, & only proof of payment is cleared checks in OR?

Landlord passed away, divorced mid-late 60s with 3 adult children. Not sure if he had a will or not? We live in Oregon and would like to know our rights both worse case or best case scenario. We've lived here for a little over a month, I paid first, last, & deposit and February rent... View More

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

YOu have the same rights as you would have had were the original landlord still living. If you pay your rent, the tenancy can be terminated only in the manner permitted by law, and if terminated, your deposit is fully refundable if you return the premises in good condition with all obligations... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: MTM lease termination law vs signed agreement

I have a MTM lease dated 7/17 in Portland. It requires 30 days written notice by landlord or tenant to terminate. Is it now 90 days anyway because of the new law, or does the rental agreement take precedence?

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

The new laws take precedence.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Quit claim deed to add wife

I would like to do a Quit claim deed to add my wife. I know there are several types. I want to know what are pros and cons of different types. I'm in Oregon, Linn County.

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

I think you would be well advised to consult an attorney. Probably a bargain and sale deed would better suit your intention, but the way you word the granting clause can make a difference as to what type of interest she acquires. This is a job for a lawyer.

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: My father sold his home. He is now being sued for taxes that were not found at the closing of the sale. Is he responsibl

My mom passed away, my dad sold the home. A few years later he is being sued for property taxes that were found after the closing of the sale. He had all the paperwork go through a local title company. He went to the title company to sign the papers at the closing of the sale. Who is responsible... View More

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

If these are taxes which he should have paid, he probably owes them nonetheless. However, it is strange that they were not discovered at the closing (since it was done through a title company). Usually, if it was something the title company missed, they would take care of the taxes for the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My tenant has signed a month to month lease but moved in two other tenants who pay him rent they have no lease with me.

I want to sell can i evict all of them with a no cause eviction? In portland its 90 day notice

Gregory L Abbott
Gregory L Abbott
answered on Jan 11, 2018

Assuming your rental is in Oregon, much depends upon the exact language of your lease. Yes, it is likely (but not guaranteed without a complete review of the lease and all the surrounding facts) that you can terminate all occupants tenancy with a 90 day no cause notice (are you exempt from paying... View More

2 Answers | Asked in Real Estate Law for Oregon on
Q: We just rented a place in Medford and now r being told there showing it tomorrow to a prospective buyer is that legal
Joanne Reisman
Joanne Reisman
answered on Jan 6, 2018

I think you are concerned that you will be evicted. Have you considered that the buyer is willing to buy the property and continue renting it to you? Sometimes people that invest in real estate, like apartments or shopping centers, realize that the property is more valuable to a buyer looking for... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do the following incidents constitute cause (intentional dangerous behavior?) for a 24hour eviction ?

I own and live in my home in SE Portland. I rent 2 rooms to a couple who signed a 6 mo lease 12/9/2017.

On the evening of 12/25/17, I heard loud "bumping" sounds above me from the rooms they rent. It sounded as though they were wrestling and falling to the ground. Moments later I... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 5, 2018

IF you are within the city limits of Portland, you can serve a 90 day no cause termination of tenancy notice on one or both. His verbal 30 day notice is unenforceable unless he puts it in writing. As to grounds for a for cause termination of tenancy, you may have grounds to issue a 30 day for... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Is compensation due to beneficiaries if equipment is actively being worked on job sites and earning money?

My father-in-law passed away and left his assets and business to his nephew and (2) daughter. It has been (3) years since his passing and the Trust has yet to be funded. The construction equipment has been and is currently being worked on job sites since the death of my father-in-law. However, no... View More

Joanne Reisman
Joanne Reisman
answered on Jan 5, 2018

You are going to have to go talk to an attorney to sort this out. It is quite possible that not all property is subject to the Will and the Trust. Just because someone dies with a Will and a Trust doesn't mean that all their property is going to be governed by the terms of the Will and the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I send my rent check autopay thru my bank on the 1st of each month, can I be charged late fee's for the mail being late?

My landlord is constantly harassing me, but I can't control the mail! What can I do?

Gregory L Abbott
Gregory L Abbott
answered on Dec 11, 2017

While it may depend upon what your lease says, the general rule is that the landlord has to have received it no later than the 4th day of the month (assuming it is officially due on the 1st) and can charge a late fee as of the 5th day if the lease otherwise provides for it. It is not their fault... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: When and how do I contact my renter about nonpayment of rent.

We have a rental property in Klamath Falls, OR. We have a month to month rental agreement. It states rent is due on the 1st of the month and a late fee will be charged for rent paid after the 5th of the month. The renter has always been good about paying rent until this month. I would like to know... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 4, 2017

You can informally talk to the tenants anytime to see what is going on. That said, if you want to enforce things, you can serve a 72 hour notice anytime after rent is a full 7 days late. There are specific requirements as to what information must be included in the 72 hr. notice, and it must be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I am evicted from my mobile home park but own my home. What can I do?

Been discriminated because of disability

Gregory L Abbott
Gregory L Abbott
answered on Nov 30, 2017

Your exact status is unclear - are you actually already out? Is it just pending? Did you leave on your own, pursuant to a notice, or as result of a court order? Your options vary depending upon the answers to the above but likely you have few options and, if not resolved very soon, you can end... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: How can I homestead my mobile home in Medford OR?
Joanne Reisman
Joanne Reisman
answered on Nov 21, 2017

Your question doesn't make sense. What do you mean by "homestead" you mobile home? If you are talking about the homestead exemption for bankruptcy, pretty much anything you use as your primary residence could potentially get the homestead exemption. You would need to talk to your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: How many day eviction is required for Owner Move In in Oregon? Selling current home need to move into a rental.

I own a home I currently live in, I need to sell it for financial reasons. I have a rental home that is currently rented. They have broken rental agreement by failing to maintain utilities, animal damage etc.. but I really need a place for my family to live. Is Owner Move In Eviction easier than... View More

Joanne Reisman
Joanne Reisman
answered on Nov 19, 2017

Your question is a landlord tenant question so you really need to go and talk to a lawyer that specializes in landlord tenant law and it is extremely wise to pay a lawyer to do all the proper notices for you to get your tenant to move out. A better idea might be to come to an agreement where you... View More

1 Answer | Asked in Real Estate Law, Foreclosure and Landlord - Tenant for Oregon on
Q: Portland OR in 2017 law requires relo assistance for "no cause" evictions. Is unincorporated portland, wa county covered
Joanne Reisman
Joanne Reisman
answered on Nov 18, 2017

This is not a general real estate law question. It is a landlord tenant law question. Try reposting this as a landlord tenant law question. There are also a lot of articles on the internet about this new Portland Law, so you can google the topic and read the articles you find. Be aware that... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I’m putting in a 30 day notice (out on the 15th) will I have to pay the full month’s rent even without a written lease?

The landlord did not require a written lease. Will I owe the full amount of the rent, or just the amount for each day into the new month before moving?

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

Residential rent in Oregon is apportioned on a daily basis. So a tenant owes rent for everyday they occupy a dwelling or until their tenancy terminates, whichever comes later. So if you only provide 20 days notice, you will still owe an "extra" 10 days rent assuming you do indeed vacate... View More

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Oregon on
Q: I got a written thirty day notice and within the same week got a 72 hour notice. Which one do I follow

The thirty day notice has my name spelt wrong, and does t give a time on the last day I should be their to move out. I feel like the thirty day notice is lacking information it needs to stand up in courts. Then I got a 72 hr notice the same week claiming to pay a different amount of rent then the... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

The notices may indeed be deficient in terms of how they are worded or in how they were served. You would have to go to trial to assert those defenses if the landlord does not just concede the defectiveness. As for different rent amounts, again, that may or may not invalidate the enforceability... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I am in Oregon.My commercial lease with 1 yr term was signed 12-27-2012 can new owner hold me to terms of that lease

I have refused to sign 2 leases that he has presented me with did not agree to terms.Gave 60 day notice.Wants rent through Jan.31st.

Joanne Reisman
Joanne Reisman
answered on Nov 5, 2017

Speaking for most attorneys, we would not want to answer a question that requires the interpretation of a document that we haven't had a chance to read completely. So you are going to have to meet with an attorney and show them the lease and explain all the external happenings that are going... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: My landlord filed a restraining order on me. Our eviction notice is in both our names. I havent lived there in over

A month and a half. Im not allowed there. She also spelt his name completly wrong.

Gregory L Abbott
Gregory L Abbott
answered on Nov 3, 2017

You haven't asked a question here so it is impossible to know what you want answered. It also is very unclear when you say your landlord filed a restraining order against you but that your eviction notice is in both your names. The landlord put his own name on his own eviction notice? It... View More

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