Oregon Questions & Answers by Practice Area
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Oregon Questions & Answers
Q: I currently own a home by Tenancy by the Entirety with my wife. Can a judgment lien be placed and foreclosed
Timothy Denison's answer
That is really an Oregon collections uestion rather than bankruptcy question. Consult a local attorneywho can properly advise you.
That is really an Oregon collections uestion rather than bankruptcy question. Consult a local attorneywho can properly advise you.
Q: Ex girlfriend is on my title of a 2012 Dodge Avenger. Ex left over a year ago of her own volition, Wont sign or release
Joanne Reisman's answer
Unmarried couples can still have a financial relationship that needs to be untangled with the help of the court. Unlike a marriage you are not at risk for being ordered to pay spousal support. You might need to contact a family law lawyer for assistance. You can file what is called a dissolution of a domestic partnership to get this straightened out. It sounds like the girlfriend just likes having some tie to you that annoys you as part of the emotional baggage that remains between you to....
Unmarried couples can still have a financial relationship that needs to be untangled with the help of the court. Unlike a marriage you are not at risk for being ordered to pay spousal support. You might need to contact a family law lawyer for assistance. You can file what is called a dissolution of a domestic partnership to get this straightened out. It sounds like the girlfriend just likes having some tie to you that annoys you as part of the emotional baggage that remains between you to....
Q: Son wants to rent apartment w/ a roommate. I agreed to cosign. Property Man. also asks that I pay $1970/mo to tenants.
Gregory L Abbott's answer
Can they ask you to do it? Sure. You obviously have no obligation to agree. It would appear that the actual tenants do not meet Am. Prop. Mgt. income requirements and this is their proposed work around. Another, of course, (and arguably safer for you) is for you to simply pay the monthly rent and collect whatever you can from the residents, understanding that you would not have the authority, however, to evict them for non-payment. These sorts of arrangements are fraught with potential...
Can they ask you to do it? Sure. You obviously have no obligation to agree. It would appear that the actual tenants do not meet Am. Prop. Mgt. income requirements and this is their proposed work around. Another, of course, (and arguably safer for you) is for you to simply pay the monthly rent and collect whatever you can from the residents, understanding that you would not have the authority, however, to evict them for non-payment. These sorts of arrangements are fraught with potential...
Q: What is the time frame a tenant is not a tenant if they left 30 days + ago and was not on lease?
Gregory L Abbott's answer
IF he was never supposed to pay rent, and never did, he was a guest and NOT a tenant. As such he had some, but limited rights. Essentially it comes down to when did you reasonably believe that he had moved on with his residency and no longer intended to reside in your place? That normally is the time his residency was terminated and once terminated, cannot be revived, only a new one started. If you want him gone, DO NOT let him move back in after he has terminated his actual residency....
IF he was never supposed to pay rent, and never did, he was a guest and NOT a tenant. As such he had some, but limited rights. Essentially it comes down to when did you reasonably believe that he had moved on with his residency and no longer intended to reside in your place? That normally is the time his residency was terminated and once terminated, cannot be revived, only a new one started. If you want him gone, DO NOT let him move back in after he has terminated his actual residency....
Q: If a person is renting a room with no lease and is causing another tenant panic attacks, intimidating, threatening
Gregory L Abbott's answer
There simply is not enough information here to tell you much. While you may not have a written rental agreement, you do have a valid, enforceable, oral month to month rental agreement. If this is separate rooms in the same house, is one party the landlord and another a tenant? Both are tenants of the same landlord who does not live there? Does each have an independent rental agreement with the landlord or did they come as a pair, both occupying the house under the same rental agreement,...
There simply is not enough information here to tell you much. While you may not have a written rental agreement, you do have a valid, enforceable, oral month to month rental agreement. If this is separate rooms in the same house, is one party the landlord and another a tenant? Both are tenants of the same landlord who does not live there? Does each have an independent rental agreement with the landlord or did they come as a pair, both occupying the house under the same rental agreement,...
Q: I'm allergic to bees and I got stung while at a friend's house. Can I sue to recover my medical bills?
Mr. Michael O. Stevens' answer
I doubt the bee has insurance or you would be able to track the bee down to sue.
Otherwise, you would have to show it was someone's fault you were stung, such as they threw the beehive at you.
I doubt the bee has insurance or you would be able to track the bee down to sue.
Otherwise, you would have to show it was someone's fault you were stung, such as they threw the beehive at you.
Q: I have a question about reactivating a green card for my husband, a British citizen. I am a US citizen.
Carl Shusterman's answer
He needs to start from the beginning. Green cards can be obtained through sponsorship by US citizen or permanent relatives, through employment or investment.
Carl Shusterman
www.shusterman.com
He needs to start from the beginning. Green cards can be obtained through sponsorship by US citizen or permanent relatives, through employment or investment.
Carl Shusterman
www.shusterman.com
Q: My step dad died last year. He left no will and no beneficiary.
Joanne Reisman's answer
What is missing here is information as to whether your mother was alive and married to your step father at the time of his death. If she was, she would have been his intestate beneficiary along with your step-siblings, under Oregon's intestate law. You wouldn't have been included because your mother is the only one who takes a share for your side of the family.
Now if your mother had already died, technically the marriage ended at her death and you and your side of the family no...
What is missing here is information as to whether your mother was alive and married to your step father at the time of his death. If she was, she would have been his intestate beneficiary along with your step-siblings, under Oregon's intestate law. You wouldn't have been included because your mother is the only one who takes a share for your side of the family.
Now if your mother had already died, technically the marriage ended at her death and you and your side of the family no...
Q: my year lease just expired and my landlord gave me less than 30 days notice of a price increase is this legal?
Salim U. Shaikh's answer
less than 30 days notice does not meet given requirement for increase in rent. There must be at least 90 days prior notice in order to notify increase in rent from tenant.
less than 30 days notice does not meet given requirement for increase in rent. There must be at least 90 days prior notice in order to notify increase in rent from tenant.
Q: I live in a duplex and my LL asked me if neighbors are violating their agreement, if they have a pet. Is that legal?
Gregory L Abbott's answer
Sure, he can ask...you are under no obligation to answer or otherwise help him if you do not wish to. He has a right to inspect any/all of his rental units as long as he provides at least 24 hrs advanced notice.
Sure, he can ask...you are under no obligation to answer or otherwise help him if you do not wish to. He has a right to inspect any/all of his rental units as long as he provides at least 24 hrs advanced notice.
Q: Tenant was mailed 30 day for cause notice with a certificate of mailing. I fear they will claim they did not receive it
Gregory L Abbott's answer
A landlord's legal obligation is to prove by a preponderance (more likely than not or >50% that they mailed the notice. They have no obligation to prove that the tenant received it. So it does not matter if they claim to have not received it so long as you have a certificate of mailing. While you can, all that is required is at least 24 hours advanced notice of your intent to enter and inspect. They can refuse you entry anytime up until when you actually enter so conventional wisdom says do...
A landlord's legal obligation is to prove by a preponderance (more likely than not or >50% that they mailed the notice. They have no obligation to prove that the tenant received it. So it does not matter if they claim to have not received it so long as you have a certificate of mailing. While you can, all that is required is at least 24 hours advanced notice of your intent to enter and inspect. They can refuse you entry anytime up until when you actually enter so conventional wisdom says do...
Q: Car accident, Portland OR. Insurance says we automatically at fault in our situation. True or can we argue? See detail.
Joanne Reisman's answer
Insurance companies will say all sorts of BS to get out of paying a claim and Geico is notorious for playing games. I can't really tell from reading your description what the fault would be but usually a Personal Injury Lawyer would be willing to talk to you at no charge and evaluate the case so you have nothing to lose in seeking a consultation.
What I am not clear on is whether you have information that will identify the other car and driver? They are required by law to give you...
Insurance companies will say all sorts of BS to get out of paying a claim and Geico is notorious for playing games. I can't really tell from reading your description what the fault would be but usually a Personal Injury Lawyer would be willing to talk to you at no charge and evaluate the case so you have nothing to lose in seeking a consultation.
What I am not clear on is whether you have information that will identify the other car and driver? They are required by law to give you...
Q: If my rental company gave me a no cause eviction, do they have to return my full deposit?
Mr. Michael O. Stevens' answer
No, there is no special rule for if there is a no cause eviction. But, make sure they do follow the laws as to timing and documentation: see ORS 90.300
No, there is no special rule for if there is a no cause eviction. But, make sure they do follow the laws as to timing and documentation: see ORS 90.300
Q: Do we pay full amount of carpet damages even though lived for 4 years 7 months?
Gregory L Abbott's answer
There are at least 3 issues here - whether the landlord should or did try to have the replaced carpet cleaned before deciding to replace it; was the damage caused in part or whole by the prior tenant's pets instead of or in addition to yours; and how old was the carpet that was replaced? Carpet, like everything else, has a life span. We can argue about how long that life span is, but for the sake of illustration only, let's say rental carpet lasts 10 years before needing to be replaced, and...
There are at least 3 issues here - whether the landlord should or did try to have the replaced carpet cleaned before deciding to replace it; was the damage caused in part or whole by the prior tenant's pets instead of or in addition to yours; and how old was the carpet that was replaced? Carpet, like everything else, has a life span. We can argue about how long that life span is, but for the sake of illustration only, let's say rental carpet lasts 10 years before needing to be replaced, and...
Q: in oregon does the tenant entitle to a copy of his year lease from his landlord has denied me five times
Gregory L Abbott's answer
Yes, by law, you are entitled to a copy of your written lease. As for the entries, document each one carefully - time, date, witnesses, other proof. You may be entitled to a months rent for each one you can prove occurred within the last year. If you want to consider going after the landlord for your damages, review it all with a landlord-tenant attorney. If you win in court, in addition to your damages, the landlord would likely be liable for your court costs and your attorney's fees. Good...
Yes, by law, you are entitled to a copy of your written lease. As for the entries, document each one carefully - time, date, witnesses, other proof. You may be entitled to a months rent for each one you can prove occurred within the last year. If you want to consider going after the landlord for your damages, review it all with a landlord-tenant attorney. If you win in court, in addition to your damages, the landlord would likely be liable for your court costs and your attorney's fees. Good...
Q: I am the only name on a lease and have 3 housemates. One housemate is not paying his share of rent. Can I evict him?
Gregory L Abbott's answer
One would need to VERY carefully review your lease agreement with your landlord and know whether there is any sort of written rental agreement with your roommates. But if they made their agreement with you, and pay you their rent, then you may be their legal landlord, with all the same obligations and rights that any residential landlord has in Oregon. IF that is the case, then your remedy is indeed to provide the roommate proper demand/notice and if not timely paid, file to evict them in...
One would need to VERY carefully review your lease agreement with your landlord and know whether there is any sort of written rental agreement with your roommates. But if they made their agreement with you, and pay you their rent, then you may be their legal landlord, with all the same obligations and rights that any residential landlord has in Oregon. IF that is the case, then your remedy is indeed to provide the roommate proper demand/notice and if not timely paid, file to evict them in...
Q: I live in a duplex with no primary heat source since Nov. 2017 landlord said would have fixed by this coming winter.
Gregory L Abbott's answer
If you had a primary heat source at the time your rental began, you likely are entitled to have it fixed at the landlord's expense. You also may be entitled to have paid (or are owed a credit for) reduced rent from when it broke until it is back working. If the landlord has provided alternative heat sources in the meantime, that may change the above some but if the alternative sources cost more to operate, etc., you may still be entitled to damages.
As for the garage rental, much...
If you had a primary heat source at the time your rental began, you likely are entitled to have it fixed at the landlord's expense. You also may be entitled to have paid (or are owed a credit for) reduced rent from when it broke until it is back working. If the landlord has provided alternative heat sources in the meantime, that may change the above some but if the alternative sources cost more to operate, etc., you may still be entitled to damages.
As for the garage rental, much...
Q: I am uninsured and was hit by an insured driver. It was their fault but they want me to pay their damages what can I do?
Joanne Reisman's answer
It is hard to say what the other driver will do and it is very unfortunate that you don't have insurance as the insurance would have defended you. You could go and talk to an attorney now to develop your defense strategy or you could just wait and see what happens. I want to warn you that there will probably be two issues that come up. First will be his property damages. Assuming he has full coverage he will get his car repaired through his insurance company and then someone from the...
It is hard to say what the other driver will do and it is very unfortunate that you don't have insurance as the insurance would have defended you. You could go and talk to an attorney now to develop your defense strategy or you could just wait and see what happens. I want to warn you that there will probably be two issues that come up. First will be his property damages. Assuming he has full coverage he will get his car repaired through his insurance company and then someone from the...
Q: Can a landlord rescind a lease after it has been signed for months?
Gregory L Abbott's answer
It all depends and I am assuming that the "new" lease was signed by both of you and by the landlord. If not signed by the landlord (electronically or otherwise), that may be a problem. The general rule is that a unilateral mistake of fact does not allow the rescission of the contract (lease). If there was a mutual mistake of fact, the contract can be rescinded by either party. So if you reasonably knew or should have known that the landlord was mistaken when they issued the new lease, and...
It all depends and I am assuming that the "new" lease was signed by both of you and by the landlord. If not signed by the landlord (electronically or otherwise), that may be a problem. The general rule is that a unilateral mistake of fact does not allow the rescission of the contract (lease). If there was a mutual mistake of fact, the contract can be rescinded by either party. So if you reasonably knew or should have known that the landlord was mistaken when they issued the new lease, and...
Q: Say a brand that sells the exact same products and services as I do is named “Chris”.. could I name my brand “Chris!”??
Mr. Michael O. Stevens' answer
First, this would be a trademark issue, and secondly, I think there would be likelihood of confusion between the two marks.
First, this would be a trademark issue, and secondly, I think there would be likelihood of confusion between the two marks.
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