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Oregon Questions & Answers
Q: If tenant moves out before end of lease, can they refuse landlord access for cleaning, painting, etc. til lease is over?
Gregory L Abbott's answer
It depends upon what you mean by "moves out". IF a tenant has voluntarily terminated his tenancy, regardless of whether it breaches the lease, then the landlord is free to take possession and freely do whatever needs to be done. Indeed, to the extent the landlord wants to hold the ex-tenant liable for either a lease break fee or for paying continuing rent until the dwelling is re-rented, a landlord is obligated to make reasonably diligent efforts to prepare and re-rent the dwelling. If the...
It depends upon what you mean by "moves out". IF a tenant has voluntarily terminated his tenancy, regardless of whether it breaches the lease, then the landlord is free to take possession and freely do whatever needs to be done. Indeed, to the extent the landlord wants to hold the ex-tenant liable for either a lease break fee or for paying continuing rent until the dwelling is re-rented, a landlord is obligated to make reasonably diligent efforts to prepare and re-rent the dwelling. If the...
Q: Landlord served no cause eviction letter, used wrong last name for spouse, terminated lease 30 days out, instead of 60
Gregory L Abbott's answer
One would need to carefully read the notice and know how it was delivered to be able to opine as to the validity of the notice. That said, the name might, but more likely not, invalidate the notice. The 30/60 day issue is more likely to potentially invalidate its enforceability, but the requirement is to provide at least 30 days notice (which 60 days is of course) and the exact wording of the entire notice is critical here. No, you are under no obligation to educate the landlord as to their...
One would need to carefully read the notice and know how it was delivered to be able to opine as to the validity of the notice. That said, the name might, but more likely not, invalidate the notice. The 30/60 day issue is more likely to potentially invalidate its enforceability, but the requirement is to provide at least 30 days notice (which 60 days is of course) and the exact wording of the entire notice is critical here. No, you are under no obligation to educate the landlord as to their...
Q: If tenant moves out before the end of lease, does landlord still need to give 24-hour notice for access?
Gregory L Abbott's answer
It depends. IF the tenant has restored possession to the landlord and terminated their tenancy, then it is back in the landlord's possession and there is no need to give 24 hr. notice for anything. IF however the tenant has not restored possession to the landlord, then all notices and procedures must still be followed until possession is restored. Of course the tenant is still on the hook for paying rent until the later of restoring possession to the landlord or the termination of the...
It depends. IF the tenant has restored possession to the landlord and terminated their tenancy, then it is back in the landlord's possession and there is no need to give 24 hr. notice for anything. IF however the tenant has not restored possession to the landlord, then all notices and procedures must still be followed until possession is restored. Of course the tenant is still on the hook for paying rent until the later of restoring possession to the landlord or the termination of the...
Q: I have a rental in Oregon, tenant was under long term lease. Gave tenant 30 day with cause eviction. Tenant responded
Gregory L Abbott's answer
The devil is in the details of course and one would need to carefully review both yours and their notices as well as the delivery methods to know if either are enforceable. That said, in principle you should be able to evict based on your for cause notice if the objected to behavior still occurs after the 14 day cure period. Regardless of your notice and any cured behavior, if he provided notice that he was terminating the tenancy, that should be enforceable and not something you have to let...
The devil is in the details of course and one would need to carefully review both yours and their notices as well as the delivery methods to know if either are enforceable. That said, in principle you should be able to evict based on your for cause notice if the objected to behavior still occurs after the 14 day cure period. Regardless of your notice and any cured behavior, if he provided notice that he was terminating the tenancy, that should be enforceable and not something you have to let...
Q: I have 50/50 custody but slightly more time then my ex. I live in a different city. Can I change my children's schools?
Vincent J. Bernabei's answer
It is unlikely that you would be in contempt of court if you register your children for school in the city in which you reside. You should review your existing judgment to make sure there is nothing in there that restricts you from doing that. That said, it may not be the best decision to change the children's school right now if there is a pending modification action. If you have an attorney, you and your attorney should make that decision after considering all the circumstances. If you...
It is unlikely that you would be in contempt of court if you register your children for school in the city in which you reside. You should review your existing judgment to make sure there is nothing in there that restricts you from doing that. That said, it may not be the best decision to change the children's school right now if there is a pending modification action. If you have an attorney, you and your attorney should make that decision after considering all the circumstances. If you...
Q: My daughter is a full time student who just turned 18. I would like to pay her directly. How do I accomplish this?
Joanne Reisman's answer
You can go back to court and get the support order modified to order the payments to be made to your adult daughter instead of to your ex. The Judge will have discretion to order the payments still be made to your ex and may consider continuing that payments being paid to your ex particularly if your daughter is living with your ex. You file a motion to modify the support and you will have to add your daughter as a party since she is over age 18. Be aware that your ex could respond asking...
You can go back to court and get the support order modified to order the payments to be made to your adult daughter instead of to your ex. The Judge will have discretion to order the payments still be made to your ex and may consider continuing that payments being paid to your ex particularly if your daughter is living with your ex. You file a motion to modify the support and you will have to add your daughter as a party since she is over age 18. Be aware that your ex could respond asking...
Q: Get Dog Back After Signing Contract
Joanne Reisman's answer
Wait did you sell the dog or did you gift him? What do you mean you signed a contract? One doesn't need a contract to gift something. If this was a sale and you have no proof that the animal is being mistreated you probably don't have any rights. If you do have proof or good reason to believe that he is being mistreated, then you can call various agencies that check on animal welfare and let them look into it. Dogs can look sad when they are going through a transition. They grieve the...
Wait did you sell the dog or did you gift him? What do you mean you signed a contract? One doesn't need a contract to gift something. If this was a sale and you have no proof that the animal is being mistreated you probably don't have any rights. If you do have proof or good reason to believe that he is being mistreated, then you can call various agencies that check on animal welfare and let them look into it. Dogs can look sad when they are going through a transition. They grieve the...
Q: I am a grandmother trying to get INTERVENOR status and apply for probate guardianship of my granddaughter. How? Forms?
Joanne Reisman's answer
There aren't any do it yourself forms and you really need to have an attorney to help you with this. A $5,000 retainer is pretty reasonable for a case involving custody which this essentially is. In fact, $10,000.00 or more is more common. You need to understand that you might have to pay for an expert to testify and they don't come cheap and the attorney is not going to pay for it. I don't know the facts of your case but expert witnesses are often essential in custody cases and these case...
There aren't any do it yourself forms and you really need to have an attorney to help you with this. A $5,000 retainer is pretty reasonable for a case involving custody which this essentially is. In fact, $10,000.00 or more is more common. You need to understand that you might have to pay for an expert to testify and they don't come cheap and the attorney is not going to pay for it. I don't know the facts of your case but expert witnesses are often essential in custody cases and these case...
Q: if i retained a probate attorney can he legally quit in the middle of the case in oregon
Joanne Reisman's answer
Attorneys are allowed to withdraw from a case unless the withdrawal would severely predjudice the client, like if the attorney withdraws one day before trial. It doesn't sound like you are that type of urgent situation. Get another attorney and get on with it. If the withdrawal is due to you not being able to pay the attorney, I suggest you find a way to pay the next attorney.
Attorneys are allowed to withdraw from a case unless the withdrawal would severely predjudice the client, like if the attorney withdraws one day before trial. It doesn't sound like you are that type of urgent situation. Get another attorney and get on with it. If the withdrawal is due to you not being able to pay the attorney, I suggest you find a way to pay the next attorney.
Q: Oregon civil complaint to quiet title, when can an amended complaint be refined by plaintiffs? If filed a motion already
Joanne Reisman's answer
Hire an attorney who knows the laws of civil procedure. If you are on the internet asking these type of questions you need professional help. And no, no Attorney can answer this by reading only your description. An attorney is going to want to review all the pleadings and talk to you. You don't win cases in Oregon based on procedural technicalities. When push comes to shove the court is going to be very lenient as to the rules in order to give both sides a fair chance to present their...
Hire an attorney who knows the laws of civil procedure. If you are on the internet asking these type of questions you need professional help. And no, no Attorney can answer this by reading only your description. An attorney is going to want to review all the pleadings and talk to you. You don't win cases in Oregon based on procedural technicalities. When push comes to shove the court is going to be very lenient as to the rules in order to give both sides a fair chance to present their...
Q: A property owner hires a tow company but keeps this a secret from the tenants for the tow company . Is coercion ?
1 Answer
| Asked
in
Civil Litigation, Real Estate Law, Criminal Law and Landlord - Tenant
for
Oregon
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
Joanne Reisman's answer
Have no clue what exactly is going on here from your rather sparse description. Please go and consult with an attorney and discuss all the details in a private office conference. You might want to call the Oregon State Bar for a name on their Lawyer Referral List and you will get a short consultation with someone for $35.00. I don't usually recommend Lawyer Referral but for this type of question it might be the cheapest way to get an answer and that is really all you need.
Have no clue what exactly is going on here from your rather sparse description. Please go and consult with an attorney and discuss all the details in a private office conference. You might want to call the Oregon State Bar for a name on their Lawyer Referral List and you will get a short consultation with someone for $35.00. I don't usually recommend Lawyer Referral but for this type of question it might be the cheapest way to get an answer and that is really all you need.
Q: Can someone sell a house after they lied to the other owner to get their name off and didn't follow the stipulations
1 Answer
| Asked
in
Civil Rights, Contracts and Real Estate Law
for
Oregon
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
Joanne Reisman's answer
You are going to have to make an appointment to talk to an attorney and go over all the details in that consultation. What you have written doesn't give enough information for an attorney to assess the legal issues and this forum is not meant to be a consultation with an attorney, there is no privacy. You can only ask very general questions and get very general answer through any online publicly view-able legal forum.
You are going to have to make an appointment to talk to an attorney and go over all the details in that consultation. What you have written doesn't give enough information for an attorney to assess the legal issues and this forum is not meant to be a consultation with an attorney, there is no privacy. You can only ask very general questions and get very general answer through any online publicly view-able legal forum.
Q: We entered into a lease purchase agreement. Two weeks after we moved in our Realtor called and told us there were leins.
Joanne Reisman's answer
First of all - you should always to a title report before entering into any contract to buy real estate whether it is straight out, on contract, or lease with an option to buy. You may have messed up by not taking these steps. But if you haven't run a title report yet, call a title company and run and pay for a pre-litagation title report. Then call an attorney and make an appointment to review the title report and figure out your options.
When people have liens worth more than the...
First of all - you should always to a title report before entering into any contract to buy real estate whether it is straight out, on contract, or lease with an option to buy. You may have messed up by not taking these steps. But if you haven't run a title report yet, call a title company and run and pay for a pre-litagation title report. Then call an attorney and make an appointment to review the title report and figure out your options.
When people have liens worth more than the...
Q: how can i evict a tenant if i'm in a different state
Gregory L Abbott's answer
No, the courts do not Skype. Upon a showing of good cause, a Judge MIGHT let some things be conducted by speaker phone in the courtroom but not trials. So it depends upon what you think is going to happen. Anyone can represent you in landlord-tenant matters in Oregon, it does not have to be an attorney (though it certainly helps to know the law if you want to win!). No surprise that your attorney wants to be paid for his time though I don't know how knowledgeable your probate attorney is in...
No, the courts do not Skype. Upon a showing of good cause, a Judge MIGHT let some things be conducted by speaker phone in the courtroom but not trials. So it depends upon what you think is going to happen. Anyone can represent you in landlord-tenant matters in Oregon, it does not have to be an attorney (though it certainly helps to know the law if you want to win!). No surprise that your attorney wants to be paid for his time though I don't know how knowledgeable your probate attorney is in...
Q: Can a rental agency allow cosigners but only if you "almost" reach the minimum income amount?
Mr. Michael O. Stevens' answer
Yes, they can pick and choose. The likely reason is that if you almost make it, then you are more likely to not get behind on your rent. But, if you are further down, then odds are higher they have to go to the co-signer, which is not exactly guaranteed to get them their money.
Yes, they can pick and choose. The likely reason is that if you almost make it, then you are more likely to not get behind on your rent. But, if you are further down, then odds are higher they have to go to the co-signer, which is not exactly guaranteed to get them their money.
Q: Seeking info on filing for POA/Guardianship of severely mentally handicapped/I'll brother, ODOC inmate
1 Answer
| Asked
in
Family Law, Civil Rights and Health Care Law
for
Oregon
on
Answered on Aug 11, 2017
Answered on Aug 11, 2017
Joanne Reisman's answer
You can't get step by step details how to do this posting on the internet. You need to hire a lawyer to help you with this. Hopefully you have money to do this but you could also contact legal aid if you need to. It sounds like he has an attorney helping him with the Habeus Corpus suit, at least I hope so.
You can't get step by step details how to do this posting on the internet. You need to hire a lawyer to help you with this. Hopefully you have money to do this but you could also contact legal aid if you need to. It sounds like he has an attorney helping him with the Habeus Corpus suit, at least I hope so.
Q: Do I have any kind of a claim against the national park service if I injured by an animal in the park?
Mr. Michael O. Stevens' answer
Doubtful. Even if you did, you need to file a federal tort claim notice first.
Doubtful. Even if you did, you need to file a federal tort claim notice first.
Q: I am a minor that constantly works alone without a break for 5+ hours. I work at a frozen yogurt shop. Is that legal?
Mr. Michael O. Stevens' answer
Potentially not. Part of this depends on your exact age. See this for greater details: http://www.oregon.gov/BOLI/TA/pages/T_FAQ_Taminors.aspx
Potentially not. Part of this depends on your exact age. See this for greater details: http://www.oregon.gov/BOLI/TA/pages/T_FAQ_Taminors.aspx
Q: Just to clarify, if my rent was due on the 1st. The labdlord served me a 72 hr notice on the 3rd,
Gregory L Abbott's answer
If the notice served on the 3rd included a demand for rent first due on the 1st, it likely IS a defective notice. If it was for rent first due the previous month or even before that, then it may be valid. Further if it was served on the 3rd, depending upon how it was served, filing on the 6th may be separate grounds for invalidating the case. Regardless, you MUST go to court if you wish to defend the matter and assuming you do not reach an agreement at First Appearance, you need to file and...
If the notice served on the 3rd included a demand for rent first due on the 1st, it likely IS a defective notice. If it was for rent first due the previous month or even before that, then it may be valid. Further if it was served on the 3rd, depending upon how it was served, filing on the 6th may be separate grounds for invalidating the case. Regardless, you MUST go to court if you wish to defend the matter and assuming you do not reach an agreement at First Appearance, you need to file and...
Q: In oregon are there any exceptions to the law about when notices can be given, specifically the the 72 hour
Gregory L Abbott's answer
Technically I suppose a 72 Hr. notice can be served anytime the landlord feels like it. It is not enforceable however unless it has been served until after the rent is at least a full 7 days late. Do note that it can only demand payment of rent by the end of the 72 hours - late fees, utility payments, fines, damage reimbursement, etc. can be grounds to serve and enforce a 30 day for cause notice but they can NOT be included in the amount demanded in a 72 hr notice or it will invalidate the...
Technically I suppose a 72 Hr. notice can be served anytime the landlord feels like it. It is not enforceable however unless it has been served until after the rent is at least a full 7 days late. Do note that it can only demand payment of rent by the end of the 72 hours - late fees, utility payments, fines, damage reimbursement, etc. can be grounds to serve and enforce a 30 day for cause notice but they can NOT be included in the amount demanded in a 72 hr notice or it will invalidate the...
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