Oregon Questions & Answers

Q: If a domestic violence crime occurred and no charges were

1 Answer | Asked in Domestic Violence for Oregon on
Answered on Feb 20, 2018

I am confused - I don't know what you mean by "told their parole to bring the charges up". There also does not seem to be a question here to be answered. Try again.
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Q: How do i make a family member move out?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Feb 20, 2018

It is not clear from your posting whether there is also a legal landlord-tenant relationship between you and Mom. If there is, you have to legally terminate her tenancy according to proper grounds and with legally minimum notice. If she still does not leave, then you have to file an eviction action in court to get her out. If there is NOT a legal landlord-tenant relationship between you (essentially Mom is a guest that has overstayed her welcome), then you have to file an ejectment action...
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Q: Is my landlord required to replace a microwave w a working microwave of a different choice if pst 2 microwaves faulty

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 20, 2018

As long as the replacement unit provides at least the same basic functions as the original unit being replaced, it is the landlord's choice of brand and model, including replacing with the same as before. Perhaps you can file a reasonable accommodation request for a different machine but then the cost is likely to be on you. Perhaps your landlord would be willing if you simply paid the difference in cost between the two models?
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Q: I was a victim of a hit and run, my car was damaged no one was hurt. Is there any legal action I can take?

2 Answers | Asked in Car Accidents for Oregon on
Answered on Feb 19, 2018

If he has insurance under Oregon Law the insurance company is required to quickly settle the damage claim with you. If you have full coverage you can just use your own insurance, pay the deductible, and wait for your insurance company to deal with the other drive and your insurance. They will usually get your deductible back for you if they can get reimbursed. The police will turn the matter over to the DA and as part of the prosecution of the hit and run driver you can ask the DA to get you...
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Q: Can i win custody over my 5/9yr old kids from my ex .we werent married but i agree to all her terms and she broke it

1 Answer | Asked in Child Custody for Oregon on
Answered on Feb 19, 2018

No one here on the internet can tell you what your chances of getting custody are based on your short paragraph describing the situation above. It the matter has never gone to court before then there will be a hearing and a judge will decide what is in the best interest of the children. Probably being left home unattended is not in their best interest but we don't know what the other side of the story is. The fact that you have a girlfriend and a new child will not deter the court from giving...
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Q: In Oregon, if I filed the petition of custody am I able to drop the same petition ever with a hearing scheduled?

1 Answer | Asked in Child Custody and Family Law for Oregon on
Answered on Feb 19, 2018

You need to talk with an Attorney about this in an office consultation. This is too complex to give general advice in response and really shouldn't be discussed on the internet. If the Judge's clerk is related to your ex then maybe you should ask for a new judge to hear the case.
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Q: My boyfriend and i have a lease agreement in both of our names. Can he request me being evict

1 Answer | Asked in Family Law and Landlord - Tenant for Oregon on
Answered on Feb 19, 2018

I don't do landlord tenant law so I can's answer the question about whether you can be evicted or not. (If your name is on the lease I think your relationship is with the landlord who is leasing the property, and your boy friend isn't the landlord - he is just also on the lease. But talk to a landlord tenant attorney about this.)

What you can do is get a court order making your boyfriend pay child support to you. You don't have to be separated to do this. All you have to be is the...
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Q: my daughter agreed to 50-50 custody when she left her childens father, tried to change to 60-40 now gets nothing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Feb 19, 2018

There appears to be some confusion here. DHS which administers welfare, TANF and other benefits for low income people has nothing to do with setting or collecting child support. I don't have expertise in how they calculate income so I would suggest you go with your daughter to the field office and find out why they don't think she is eligible for TANF. I suspect that the social worker is confused as to how child support is calculated. Often times the non-working parent will be assigned...
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Q: I was 90 days to vacate because owner wants to sell without an option to leave early with penalty is that legal.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Feb 18, 2018

I am not clear about your situation but if you've been given a 90 day no cause termination of tenancy notice, you must be on (or will be by then) a month to month tenancy. If true, there IS no early termination penalty. If you want to vacate sooner, though, like any other time a tenant ends a month to month tenancy, you have to give at least 30 days prior written notice to the landlord or pay rent through those 30 days if you move out sooner. If you are in Portland and your landlord is not...
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Q: my landlord charged us $300 for a broken railing during the lease and now I’m moving out but he never fixed it. Legal?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Feb 17, 2018

The damage was done, so at some point it either has to be repaired or the property is worth less due to the damage. Honestly, to hire a contractor to fix it might cost more than $300.
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Q: My sister in law is purchasing a vehicle with my wife as a cosigner, if she stops making payments can i take the car?

1 Answer | Asked in Small Claims for Oregon on
Answered on Feb 16, 2018

If your wife co-signs a loan - for a car or anything else - she can end up having to pay the entire loan, interest, fees, etc. herself. If she is not prepared to pay everything herself, she should not co-sign. If she also is a co-owner and is listed as such on the Title, she would have the legal right at anytime to drive the vehicle, assuming she can find it. The sister-in-law however has the same rights, regardless of her loan payment performance. If you want to protect yourself and your...
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Q: Landlord parents and siblings broke into my unit, and they damage some furniture and I can't find some of my things,

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 16, 2018

You need to review everything in detail with a landlord-tenant attorney right away. If they truly broke in and stole property, you may also want to file a police report though don't be too surprised if the police don't do anything much about it. Good luck.
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Q: After move out, landlord did not send invoice or refund on deposit for 44 days. Entitled to full deposit back?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 16, 2018

If no refund or accounting was sent to you within 31 days of your restoring possession to the landlord, you are entitled to recover twice the amount not refunded or accounted for, not just the $660 that was eventually refunded. The landlord can still deduct valid damages from the doubled amount but owes you the rest. Some of those damage charges do appear suspicious at best. Does your lease specify that you will be charged for carpet cleaning, even if you have it cleaned yourself? If not, it...
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Q: I know you can sue for dog bites, but what about outdoor cats who are microchipped and belong to a man in your

1 Answer | Asked in Personal Injury for Oregon on
Answered on Feb 14, 2018

You could, but unlike dogs, there is no statute as to economic damages that makes it easier to win: https://www.oregonlaws.org/ors/31.360
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Q: I have a verbal agreement with apt mgr to pay Feb rent late. Owner came by and gave me a 72 hr notice anyway. legal?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 14, 2018

Assuming it is otherwise valid, the 72 Hr Notice likely is enforceable. First, since it is only verbal, you may well have a proof problem in court (you think the manager is likely to testify in your favor and against his boss and risk his job?). Second, even if you convince the Judge, the owner/boss can presumably override the Manager's decision. Third, I don't immediately see any consideration for the agreement meaning it likely is not enforceable anyway. IF you already paid part of the...
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Q: can a landlord cancel a 90 day no cause eviction after over 30 days to avoid paying relocation assistance?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 13, 2018

The 90 Day No Cause Termination and Relocation Assistance requirements apply to dwellings within the city limits of Portland, not state-wide. Yes, I know of no reason that a landlord cannot rescind a termination of tenancy notice at any time prior to its effective date, at least up until when you provide notice that you have signed another lease elsewhere in reliance upon his 90 day notice. The relocation assistance money, however, is required to be paid not less than 45 days prior to the...
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Q: How many days does a person need to stay in a home in Oregon to gain tenancy rights?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 13, 2018

"Vacation rentals" are specifically excluded from being covered by Oregon's Residential Landlord Tenant Act ("ORLTA"), so those requirements applying to tenancies are moot as long as it is a true vacation occupancy. "Vacation Occupancy" of a dwelling unit (not including transient occupancy of a motel or hotel) requires that the occupant rent the unit for vacation purposes only and not as a principal residence; the occupant has a principal residence other than the rental dwelling unit; and the...
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Q: Can a homeowner be held liable for hiring an unsafe company to work on their home?

1 Answer | Asked in Personal Injury, Wrongful Death and Workers' Compensation for Oregon on
Answered on Feb 12, 2018

I don't believe so. If a worker is injured they should be guided by their insurer and not give statements.
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Q: My wife is on my insurance through work, and we are both being sued for her medical bills. It's that legal?

1 Answer | Asked in Small Claims and Health Care Law for Oregon on
Answered on Feb 12, 2018

Spouses are generally legally liable for necessary medical bills even if they did not sign the agreement at the doctor's office. So yes, it is likely that they can come after you for payment. Calling you at work everyday is a different matter. Depending upon the exact details, that may or may not violate Oregon debt collection laws and, depending who is doing the calling, possibly federal collection laws as well. If so, there are statutory damages and you can potentially recover your...
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Q: 16 years ago I had a one night stand with a woman and recently, the local child support agency contacted me.

1 Answer | Asked in Child Support and Family Law for Oregon on
Answered on Feb 12, 2018

Get a blood test and find out if the child is yours first. It may not be. Please understand that this women may not actually know that you are the father. What happens is that when someone applies for welfare the State may force the to name a father as a condition of receiving government benefits because the State's position is that two parents have to support a child before the State picks up the bill. So this is probably being driven by a State Agency looking for reimbursement. The women...
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