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Oregon Questions & Answers
Q: Sister died, no will. Can't locate legal husband from a sham wedding 47 years ago. How do we proceed?
Dr Kenneth V Zichi J.D.'s answer
If there is no NET estate (the debts out-value the assets) you don't really need to worry about this. Let the creditors begin the estate and try to find the 'husband' etc, ...
If there ARE net assets and you want to obtain something, then you need to consult with a local attorney (in the area where sister lived at the time of her death) to determine what if anything you can do.
-- This answer is offered for informational purposes only and does not constitute legal advice or...
If there is no NET estate (the debts out-value the assets) you don't really need to worry about this. Let the creditors begin the estate and try to find the 'husband' etc, ...
If there ARE net assets and you want to obtain something, then you need to consult with a local attorney (in the area where sister lived at the time of her death) to determine what if anything you can do.
-- This answer is offered for informational purposes only and does not constitute legal advice or...
Q: im being sued for a hit and run my ex was in before he gave signed the car to me, i gave police info and why do i pay
Peter Munsing's answer
First, if you are sued you need to tell your car insurance. You don't want to give any tape recorded statements to anyone until this gets sorted out.
First, if you are sued you need to tell your car insurance. You don't want to give any tape recorded statements to anyone until this gets sorted out.
Q: Employee taking vacation for surgery. Their job requires them to be able to lift 50lbs- I have no other job for them
Mr. Michael O. Stevens' answer
As an employer, I strongly suggest you retain an attorney to provide a detailed analysis. There are lots of employer-side law firms out there, and you do not want to end up with a lawsuit, as that will be much more expensive than paying for an opinion.
As an employer, I strongly suggest you retain an attorney to provide a detailed analysis. There are lots of employer-side law firms out there, and you do not want to end up with a lawsuit, as that will be much more expensive than paying for an opinion.
Q: Are Oregon landlords required to provide/repair hot water heaters and furnaces?
Gregory L Abbott's answer
Yes, a landlord is required to provide hot and cold running water and to repair/maintain such facilities. A furnace per se is not required but a landlord is required to provide an adequate source of heat in the dwelling. Electric heaters, space heaters, even wood burning stoves, but some form of heat source.
Yes, a landlord is required to provide hot and cold running water and to repair/maintain such facilities. A furnace per se is not required but a landlord is required to provide an adequate source of heat in the dwelling. Electric heaters, space heaters, even wood burning stoves, but some form of heat source.
Q: Do my supervisor and I have a conflict if interest?
Mr. Michael O. Stevens' answer
Perhaps there is a conflict, but there is nothing illegal about it, even if there was a conflict of interest.
Perhaps there is a conflict, but there is nothing illegal about it, even if there was a conflict of interest.
Q: I was excluded from a job I qualify for because I was not provided with a testing time that is required for the job.
Mr. Michael O. Stevens' answer
Assuming this is not a government job or a union job, then likely there is nothing to do. Now, if you think they did this because you are in a protected class, then that changes things. However, you mention nothing about discrimination.
Assuming this is not a government job or a union job, then likely there is nothing to do. Now, if you think they did this because you are in a protected class, then that changes things. However, you mention nothing about discrimination.
Q: House bought when we are married. down payment is my mom's gift; loan and title under my name. What happens if divorce?
Vincent J. Bernabei's answer
Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that presumption, you would have to prove that the gift was to you alone and you did not commingle it into your joint financial affairs, or that the loan was not repaid and is due. Depending on the length of your...
Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that presumption, you would have to prove that the gift was to you alone and you did not commingle it into your joint financial affairs, or that the loan was not repaid and is due. Depending on the length of your...
Q: parents file for divorce and custody the same week. does child stay with whichever parent has had custody so far?
Joanne Reisman's answer
The court will prefer that the child continue to have the same living situation that was going on before the case was filed. This is called the "status quo". Sometimes there is a disagreement as to what the status quo is or was so there may need to be a hearing to figure that out. But it will be a lot cheaper if you agree that the child continues to live in the location and with the parent that they have been living with, and also agree to some plan for parenting time with the other parent....
The court will prefer that the child continue to have the same living situation that was going on before the case was filed. This is called the "status quo". Sometimes there is a disagreement as to what the status quo is or was so there may need to be a hearing to figure that out. But it will be a lot cheaper if you agree that the child continues to live in the location and with the parent that they have been living with, and also agree to some plan for parenting time with the other parent....
Q: my daughter is around someone who cannot have her own kids or be around them alone, what can i do?
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Municipal Law
for
Oregon
on
Answered on Jun 21, 2017
Answered on Jun 21, 2017
Joanne Reisman's answer
You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order that has already been issues. If an order was already issues, you need to deal with the original court that issued the order. If nothing has been filed, you have to figure out which State, Oregon or Alaska as...
You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order that has already been issues. If an order was already issues, you need to deal with the original court that issued the order. If nothing has been filed, you have to figure out which State, Oregon or Alaska as...
Q: How much notice is required to change backyard guest house rental from "utilities included" to a percentage of bill?
Gregory L Abbott's answer
Since it is on a month to month, arguably 30 days unless the circumstances are such that it is considered to be a raise in rent - then 90 days written notice. Do note though that depending upon the details, such as whether the tenant is potentially paying for utility use that benefits others (usually the case if they are not separately metered), a new lease may be necessary so that the required disclosures are made to the tenant.
Since it is on a month to month, arguably 30 days unless the circumstances are such that it is considered to be a raise in rent - then 90 days written notice. Do note though that depending upon the details, such as whether the tenant is potentially paying for utility use that benefits others (usually the case if they are not separately metered), a new lease may be necessary so that the required disclosures are made to the tenant.
Q: I am renting a room in a man's house. Can he 1) enter daily when I'm not there and 2) dictate that I make the bed?
Mr. Michael O. Stevens' answer
I would suggest finding a landlord-tenant attorney in your area to discuss. It sounds like there was an unlawful entry that he admits to via text, which could be worth a month's rent. Plus, attorneys will often take these cases on a contingency basis, meaning you pay the attorney only if you win, and then only via the landlord paying you.
I would suggest finding a landlord-tenant attorney in your area to discuss. It sounds like there was an unlawful entry that he admits to via text, which could be worth a month's rent. Plus, attorneys will often take these cases on a contingency basis, meaning you pay the attorney only if you win, and then only via the landlord paying you.
Q: How do I evict a roommate who is on lease w/ me?
Gregory L Abbott's answer
Sad to say, you have no more right to evict a roommate than they do to evict you. Only the landlord has that right. Either you or the roommate can terminate your tenancy (usually by providing proper notice or even by breaking tour lease early, which can prove expensive) but if the roommate isn't paying their share of the rent, and you are covering it for them, then your remedy is to sue the roommate, usually in small claims court. Whether you can actually collect is a separate matter...
Sad to say, you have no more right to evict a roommate than they do to evict you. Only the landlord has that right. Either you or the roommate can terminate your tenancy (usually by providing proper notice or even by breaking tour lease early, which can prove expensive) but if the roommate isn't paying their share of the rent, and you are covering it for them, then your remedy is to sue the roommate, usually in small claims court. Whether you can actually collect is a separate matter...
Q: Our neighbor has violent outbursts. Can we ask for reimbursement for time spent away from our apt due to this?
Gregory L Abbott's answer
Ask? Certainly. Compel? Unlikely. Depending upon the exact facts, you may or may not have grounds to terminate your lease and you definitely need to maintain complaints to the landlord. You may also want to consider seeking a restraining order against the neighbor. If you qualify, even on a temporary basis, you likely will force the neighbor to move - immediately. So consider reviewing everything with a local attorney to see if you have a viable claim for a restraining order. Good luck.
Ask? Certainly. Compel? Unlikely. Depending upon the exact facts, you may or may not have grounds to terminate your lease and you definitely need to maintain complaints to the landlord. You may also want to consider seeking a restraining order against the neighbor. If you qualify, even on a temporary basis, you likely will force the neighbor to move - immediately. So consider reviewing everything with a local attorney to see if you have a viable claim for a restraining order. Good luck.
Q: I'm being told that I have to wait 2 years before I start a business from my employer. But there isn't anything in the
Mr. Michael O. Stevens' answer
Consult with an attorney in your area to discuss to go over your options. Though, unless you are planning on leaving, this is all academic at this point.
Consult with an attorney in your area to discuss to go over your options. Though, unless you are planning on leaving, this is all academic at this point.
Q: Landlord evicted me illegally and If can prove it can Sue him for moving costs
Gregory L Abbott's answer
While everything depends upon the exact details, in general, he did not give you adequate notice and you likely would have prevailed if he took you to court to evict you. But if you moved out, despite not getting legally adequate notice, you likely have no claim against the landlord since you were not legally required to move and thus did so "voluntarily" legally speaking. While Milwaukie requires at least 90 days notice to terminate a tenancy without cause, to my knowledge they have not yet...
While everything depends upon the exact details, in general, he did not give you adequate notice and you likely would have prevailed if he took you to court to evict you. But if you moved out, despite not getting legally adequate notice, you likely have no claim against the landlord since you were not legally required to move and thus did so "voluntarily" legally speaking. While Milwaukie requires at least 90 days notice to terminate a tenancy without cause, to my knowledge they have not yet...
Q: Does 2 year restriction have to be in a contract or in a policy book?
Mr. Michael O. Stevens' answer
If you are talking about a non-compete, Oregon law has a bunch of limitations, and one of those is that it can only be at most for 18 months: https://www.oregonlaws.org/ors/653.295
If you are talking about a non-compete, Oregon law has a bunch of limitations, and one of those is that it can only be at most for 18 months: https://www.oregonlaws.org/ors/653.295
Q: Hello. Right now I am looking for a lawyer to help me with an extremely difficult landlord who happens to be a lawyer
Mr. Michael O. Stevens' answer
Then use the find a lawyer link above to search for one in your area. Attorney's cannot contact you in this forum, you have to contact them. More importantly, the link will help you locate one in your area, as this is a state-wide forum.
Then use the find a lawyer link above to search for one in your area. Attorney's cannot contact you in this forum, you have to contact them. More importantly, the link will help you locate one in your area, as this is a state-wide forum.
Q: Can a landlord make you get rid of a camper if it's not stated in the rental agreement that you cannot have one?
Mr. Michael O. Stevens' answer
They likely cannot, but note that if you are on a month-to-month lease, they could then require a new lease that has that provision with proper notice.
They likely cannot, but note that if you are on a month-to-month lease, they could then require a new lease that has that provision with proper notice.
Q: If a person moves into an Oregon manufactured home park that has fences dividing up lots, and said fence blows down who
Gregory L Abbott's answer
Normally whomever built or owns the fence is responsible for maintaining it. Since it is on the Park's land, which the tenant rents, the Park would be responsible to maintain the fences unless the lease re-assigns that obligation to the tenant. So check the lease to be sure.
Normally whomever built or owns the fence is responsible for maintaining it. Since it is on the Park's land, which the tenant rents, the Park would be responsible to maintain the fences unless the lease re-assigns that obligation to the tenant. So check the lease to be sure.
Q: If another person injured me on a ski slope can I hold the ski resort responsible too?
Mr. Michael O. Stevens' answer
Potentially, though I would say the ski injury issue is still an open question in Oregon. In the past, due to the inherent risks of skiing, you could not recover against the ski resort. I would suggest finding an attorney who has actually handled these types of cases to consult with.
Potentially, though I would say the ski injury issue is still an open question in Oregon. In the past, due to the inherent risks of skiing, you could not recover against the ski resort. I would suggest finding an attorney who has actually handled these types of cases to consult with.
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