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Oregon Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: My employer messed up my paper work when I stepped down from a position and ended up terminating me instead.

Due to this, I have not been paid for the hours I have worked and its about to be payday again. I fear it hasn’t been resolved And I will go another month without pay. Can I demand to be paid immediately? I live in Portland Oregon. I am still working for the company so this wouldn’t have been... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 12, 2019

Yes, if they terminated you, your final check was due no later than the end of the next business day. Now, forcing them to pay immediately is not possible, but you can put pressure on them since they already owe you a penalty of 8 hours of pay for each day they are late, which adds up. That penalty... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I still collect rent while in the process of a no cause eviction?

I have already served a tenant with a 30 day no cause eviction notice and it seems as if she plans to wait it out since she has no where else to go. The 30 days expire on the 9th of next month. Do I still collect rent from her on th 1st? And if so do I collect the whole month or a pro rated amount... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 12, 2019

You collect the pro-rated rent through the termination date. If they pay the whole month, you refund the rent for the tenth through the end of the month within 10 days of receiving it. If they do not vacate by the 9th, you go to court to evict them.

2 Answers | Asked in Probate for Oregon on
Q: in a reverse mortgage and the person passes Does the house need to go thru probate.?

The will appoints me as personal representative and states I shall have the power and authority to sell and dispose of any property that i might own at the time of my death. So then could I sell the house to pay off reverse mortgage and split the extra money with my brother?

Joanne Reisman
Joanne Reisman answered on Dec 12, 2019

Probate isn't required in Oregon. Probate is an option if you need the assistance of the court to order tasks needed to resolve a deceased person's estate to get done. In the case of a reverse mortgage you may or may not need probate.

The first thing you will want to do is figure out if...
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1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: how can i find a lawyer to talk to about defamation in workplace, discrimination and harassment occurred within 7 mos

too many to list, but pertains to inaccurate fmla hours calculated, false notations and accusatory notes, ada accommodations after fmla exhausted, discrimination, 2 month delay plus in begining interactive process, continueal repeatitive documented denial of accommodation without undue hardship and... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 12, 2019

You should consult an employment attorney related to potential violations of the Family Medical Leave Act and the Americans with Disabilities Act. Defamation claims are state-law specific, subject to limitations imposed by rights contained in the First Amendment. You should narrow your focus to... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 12, 2019

I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.

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1 Answer | Asked in Family Law for Oregon on
Q: This is an initial custody case, I have filed for 50/50 custody/parenting time, etc.

My sons father's lawyer is requesting bank and credit card statements, I'm confused how the is relevant evidence, since that information is not calculated in regards to child support, so how is that information needed or going to be used? How do I object to that request? His lawyer said he will... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 11, 2019

This information might be relevant to prove what the correct amount of Child Support should be. The type of information they're asking will show your spending power and could lead to them asking about other sources of money that you have other than the income you are declaring. So yeah they can ask... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: How do I go about posting in Sonoma CA for divorce? I am from Or and I've already taken care of posting here but no CA

I am getting a divorce in Or. No one in Ca seems to know the steps to posting which the judge had orderd it. Please help. No children ot assets

Joanne Reisman
Joanne Reisman answered on Dec 11, 2019

First you need to clarify what you mean by posting? I don't really know what you're talking about but I would guess that it's something like posting a notice because you couldn't find the person to serve him or her. I would never use posting as a form of substituted service. The primary form of... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: My son's father's lawyer has requested a lot of financial info, do i have to send everything he requested?

He has asked for 6 months of bank statements, 6 months of credit card statements for all in my name, 4 paystubs, 2018 and 2019 tax returns. I understand the pay stubs and tax returns, because the court would request those, but the others seems irrelevant and intrusive.

M. Nicole Clooten
M. Nicole Clooten answered on Dec 11, 2019

I get this question in nearly every case. The discovery process can feel intrusive, but the main thing is that the request must be reasonably calculated to lead to relevant evidence. So it would be helpful to know what kind of a case it is. Is it an initial custody case? If so, then bank... Read more »

3 Answers | Asked in Probate for Oregon on
Q: My mother passed away. I am both her only heir and executor of her estate can I borrow against her home to pay off debts

I was living in the home for 6 years and have been paying the mortgage since her death. The house is her only asset and is in probate. Have been told I have to sell it to pay off her debts. Have a lender who will give me a home equity line of credit if my name is on the deed.

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

No lender will recognize your authority until you are appointed as executor by the probate court. Keep in mind also that all debts (except the mortgage) eventually expire if you can fend them off long enough.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I need to notify my tenant of a new roommate moving in?

I have a 5 bedroom house and rent out each room individually on a month to month lease. do I need to give my tenants any kind of formal notice of a new renter moving in other than a basic in person introduction upon new tenant coming over to viewing room for rent, signing lease or picking up keys?

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2019

There is no legal obligation to introduce or notify existing tenants that a new, non-affiliated tenant is moving in. Obviously it is the courteous and likely to help promote general harmony among all but they are all on separate leases so each has no legal interest in any other tenant or their... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord enter any communal areas inside a house that has room renters without giving any notice?

I own and rent out 4 bedrooms with individual month to month leases of a house that I do not live in. I occasionally need to go inside to collect rent from the tenants or do basic maintenance. I have never entered any of the tenants bedrooms with out proper 24 hr notice. Can i enter the communal... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2019

Generally I believe no advanced notice is required for a landlord to enter common areas so long as they can do so without entering or going through an area under a specific tenant's exclusive control. As for cleaning, that likely depends upon what obligations the lease specifies for the tenants.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Should I be compensated if my landlord forces me to switch units for repairs?

We have mold problem in our apartment, and the landlord has told us (through our property manager) that we must switch units so they can make repairs. The unit they want us to switch to is much less desirable because it's location (ground floor right beside the dumpster) has a worse view, less... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2019

You don't say whether this switch is temporary and you move back to your original unit upon completion of the repairs or if this is a permanent switch. If temporary, they likely can do it. If permanent, at best they cannot force you to accept a less desirable unit and they might be liable to you... Read more »

1 Answer | Asked in Elder Law and Public Benefits for Oregon on
Q: Funding of trips to take care of elderly aunt

My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 10, 2019

It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an... Read more »

1 Answer | Asked in Personal Injury and Employment Discrimination for Oregon on
Q: Retiring early due to a traumatic experience

Between 2008-9 I was involved in a head-on collision with a drunk driver his fault I drive professionally as a truck driver the although it's a left me a little bit dramatic Lee confused and at the age of 50 I don't have any other options other than early retirement if that's an option or if... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 10, 2019

This isn't a personal injury question as the statute of limitations to sue the other driver has long since past. However because your brain injury continues to limit your ability to work you could investigate whether you can get Social Security Disability. I would look for Attorneys near where... Read more »

1 Answer | Asked in Banking for Oregon on
Q: Can a bank make you the responsible for a bad certified Bank check

It was deposited in ATM funds posted in account but not available 2 or 3 days later the funds were released they were withdrawn and used for the purpose they were intended for. not for personal use the funds were not used for personnel bills ect

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 9, 2019

If you--or someone else--deposited a bad check into your account--whether or not you knew it was bad-- and you--or someone else--withdrew the money the bank has every right to do whatever it takes to recover the amount lost from you. They will also report this incident to the federal and/or state... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager raise my rent, on a month to month no contract rental, by 20 percent thru a text message?

I rent a room and my property manager just sent me a text stating he was raising my rent 20 percent by the first for Jan, 2020. I feel this isnt legal. He also sent me a text saying that he was gonna do maintenance on my door at some time today, and that was all the notice I was getting. This all... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 9, 2019

First, ANY rent increase notice must provide at least 90 days notice and be in writing (NOT text, email, etc.), contain the required information, and be lawfully served on the tenant. Further, there is approximately a 10.3% over the past 12 months limit on the amount of rent raise. Further there... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I own a duplex -i live in half. I let a family friend move in the other without a lease, and they haven't paid rent.

I own a duplex -i live in half of it. I let a family member move into the other half, and they verbally agreed to pay rent. There is no signed paperwork. They have not paid a dime. How do I get them out?

Gregory L Abbott
Gregory L Abbott answered on Dec 7, 2019

It depends on the exact details. If there is no dispute as to their agreeing to pay rent, and they are at least 8 days late paying, you serve them a 72 hr notice and if they still do not pay, you no longer accept rent and file to evict them in court. Do understand that there are many technical... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is the property management required to provide the tenants with contact information for the owner of the property?

I rent in Oregon and the property management is based in Idaho. They have neglected to contact us back regarding needed repairs concerning habitability. My husband and I have requested that they provide us with the owner's information so we may discuss issues with them personally. Our unit faces... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 5, 2019

No, the owner has hired and pays the property managers to handle all the tenant issues and has a right to require you to go through them. That said, you can rather easily determine both the name and address of the current owner by checking the property tax records in the Assessor's office.... Read more »

2 Answers | Asked in Medical Malpractice for Oregon on
Q: I received excessive x-ray exposure. Can I sue?

I fell due to a pre-existing medical condition in the middle of a road. I injured my nose and one arm. I went to an ER where the attending Dr. ordered multiple x-rays, at 12, I stopped the tech and said, "No more" and he stopped. He would have kept going if I hadn't stopped him. Usually only... Read more »

Patrick D. Angel
Patrick D. Angel answered on Dec 4, 2019

I'm sorry you injured your nose and your arm from a fall. As to the question of whether you can sue for excessive radiation exposure from x-rays, the answer - technically - is yes. It's easy to file a lawsuit, and most anyone can file a lawsuit for virtually anything. There is a filing fee... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I need to specify a time (besides the date) to move out on a 30-day no-cause eviction notice?
Gregory L Abbott
Gregory L Abbott answered on Dec 3, 2019

No, but why on Earth would you not? It makes everything clearer and tends to make a Judge happier than if there is no time specified. You may also, of course, be responsible for including compliance with any/all relocation assistance statutes and/or Ordinances.

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