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Oregon Questions & Answers
Q: Are wikiforms a good resource to use for a lease agreement? I just have one property I am leasing.
Gregory L Abbott's answer
I am not familiar with wikiforms. You need to use a form that has been drafted by attorneys, specifically for use in Oregon. I recommend MultiFamily NW forms to my clients - I think they are both the best and clearest. Nothing wrong either with Stevens-Ness forms. Both are drafted and maintained by Oregon attorneys and are available on line.
I am not familiar with wikiforms. You need to use a form that has been drafted by attorneys, specifically for use in Oregon. I recommend MultiFamily NW forms to my clients - I think they are both the best and clearest. Nothing wrong either with Stevens-Ness forms. Both are drafted and maintained by Oregon attorneys and are available on line.
Q: I hired someone to help with a construction job.pay was under the table. If they got hurt am I liable?
Mr. Michael O. Stevens' answer
Yes. This is one of the reasons you do not pay people under the table, as you then did not have worker's compensation coverage for this person.
Yes. This is one of the reasons you do not pay people under the table, as you then did not have worker's compensation coverage for this person.
Q: Can I get out of a lease if the landlord knew they were selling but didn't tell us before we signed the lease?
Gregory L Abbott's answer
As long as the sale of the property was not a foreclosure or tax lien sale, the landlord generally has no duty to disclose to the tenants anything about his business affairs, including selling the rental dwelling. That is because nothing changes for the tenant beyond paying their rent (the same amount of rent) to a different person. All lease terms stay the same (with that sole change) and the new owner/landlord is responsible for administering the tenant's security deposits etc even though...
As long as the sale of the property was not a foreclosure or tax lien sale, the landlord generally has no duty to disclose to the tenants anything about his business affairs, including selling the rental dwelling. That is because nothing changes for the tenant beyond paying their rent (the same amount of rent) to a different person. All lease terms stay the same (with that sole change) and the new owner/landlord is responsible for administering the tenant's security deposits etc even though...
Q: Q: I saw marijuana when in my rental house. Can I give them a notice of violations?
Gregory L Abbott's answer
You can always issue a notice of violation. If/when you actually go to court to terminate the tenancy and evict based upon it, however, you will have the burden of proving both violations (the initial which caused the issuance of the notice and the subsequent violation that proves they did not "cure" the lease violations. That said, if they have a medical marijuana card, you likely cannot either ban it entirely or evict them because of it. You can, however, certainly prohibit smoking/vaping...
You can always issue a notice of violation. If/when you actually go to court to terminate the tenancy and evict based upon it, however, you will have the burden of proving both violations (the initial which caused the issuance of the notice and the subsequent violation that proves they did not "cure" the lease violations. That said, if they have a medical marijuana card, you likely cannot either ban it entirely or evict them because of it. You can, however, certainly prohibit smoking/vaping...
Q: I moved into a bouse with a person he is on the lease not me. Does that make him my landlord or the property owner?
Gregory L Abbott's answer
It sounds like you may have claims against both but it all depends upon the exact details and facts. The rules of Justia prohibits attorneys from soliciting clients here or from directly contacting people asking questions here. Rather it is up to you to contact an attorney of your choice to discuss and review your situation - and that is exactly what you should do.
It sounds like you may have claims against both but it all depends upon the exact details and facts. The rules of Justia prohibits attorneys from soliciting clients here or from directly contacting people asking questions here. Rather it is up to you to contact an attorney of your choice to discuss and review your situation - and that is exactly what you should do.
Q: Tenant telling me I can only communicate through emails. Can they do that?
Gregory L Abbott's answer
No, they cannot. However, how you can communicate with the tenants regarding legally required notices is likely governed by your written fee agreement. Unless it specifies it, neither email nor text message is a lawful means of giving actual notice to the other party but telephone or voice mail are. To the extent that written notice (instead of just actual notice) is required, neither text message nor email nor telephone nor voice mail are lawful means of providing written notice and any...
No, they cannot. However, how you can communicate with the tenants regarding legally required notices is likely governed by your written fee agreement. Unless it specifies it, neither email nor text message is a lawful means of giving actual notice to the other party but telephone or voice mail are. To the extent that written notice (instead of just actual notice) is required, neither text message nor email nor telephone nor voice mail are lawful means of providing written notice and any...
Q: in my apartment I saw and heard 2 maintenance men talking bad about me to city inspectors on my security camera
Gregory L Abbott's answer
So far it does not sound as if you have suffered any adverse loss because of these events. People have a right to their opinions, even if they are wrong, and the reality is you are not going to stop gossip.
So far it does not sound as if you have suffered any adverse loss because of these events. People have a right to their opinions, even if they are wrong, and the reality is you are not going to stop gossip.
Q: Can renters use up their security deposit while they are still living in the apartment?
Gregory L Abbott's answer
A landlord is free to charge a security deposit for damages that the tenant's are liable for while they are still tenants. He should then immediately bill the tenants the same amount to restore their security deposit to its original amount. If not paid in 30 days, issue a 30 day for cause termination notice telling them to either restore their security deposit in full within 14 days or get out within 30. If they do neither, you simply file to evict under the 30 day notice. Alternately, you...
A landlord is free to charge a security deposit for damages that the tenant's are liable for while they are still tenants. He should then immediately bill the tenants the same amount to restore their security deposit to its original amount. If not paid in 30 days, issue a 30 day for cause termination notice telling them to either restore their security deposit in full within 14 days or get out within 30. If they do neither, you simply file to evict under the 30 day notice. Alternately, you...
Q: how much money can I legally without declaring bring back to the usa from Europe
1 Answer
| Asked
in
Immigration Law, Real Estate Law and Tax Law
for
Oregon
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Deron Edward Smallcomb's answer
You may bring up to $10,000 in currency, coin and specific monetary instruments without reporting it to customs.
You may bring up to $10,000 in currency, coin and specific monetary instruments without reporting it to customs.
Q: (F1 to Green card by marriage), when can I consider as an Oregon resident?
Deron Edward Smallcomb's answer
Your school will likely have guidelines as to when you are considered a resident of Oregon. You should speak with the University administration regarding this matter.
Your school will likely have guidelines as to when you are considered a resident of Oregon. You should speak with the University administration regarding this matter.
Q: why would the opposing party not have to have accounting before the estate is out of trial?
1 Answer
| Asked
in
Estate Planning, Family Law, Civil Rights and Probate
for
Oregon
on
Answered on Feb 6, 2019
Answered on Feb 6, 2019
Vincent J. Bernabei's answer
This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving...
This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving...
Q: Is it legal for my landlords friend to give me an eviction notice without cause?
Gregory L Abbott's answer
Anyone can act on behalf of a landlord, including issuing termination of tenancy notices, without needing to have a formal guardianship or conservatorship or even a Power of Attorney. They can only do so, however, with the landlord's permission or direction
So if this person has no appointed legal power to act on behalf of the landlord, and the landlord won't back them up, nothing they do in his name should be enforceable. To protect yourself though, get the landlord to put your right...
Anyone can act on behalf of a landlord, including issuing termination of tenancy notices, without needing to have a formal guardianship or conservatorship or even a Power of Attorney. They can only do so, however, with the landlord's permission or direction
So if this person has no appointed legal power to act on behalf of the landlord, and the landlord won't back them up, nothing they do in his name should be enforceable. To protect yourself though, get the landlord to put your right...
Q: I received a no cause eviction notice from someone acting as agent of my landlord but after my 90days were up the
Gregory L Abbott's answer
Hard to see why you would sue in small claims court when normally relocation assistance cases are pretty cut and dried. Either you were entitled or not, either you were timely paid or not. And if you had a high likelihood of prevailing, it is the sort of case an attorney would have likely been willing to take on a contingency, where they would collect their fees from your landlord rather than from you. That sort of pressure tends to make landlord's settle quickly. Regardless, you do owe rent...
Hard to see why you would sue in small claims court when normally relocation assistance cases are pretty cut and dried. Either you were entitled or not, either you were timely paid or not. And if you had a high likelihood of prevailing, it is the sort of case an attorney would have likely been willing to take on a contingency, where they would collect their fees from your landlord rather than from you. That sort of pressure tends to make landlord's settle quickly. Regardless, you do owe rent...
Q: I rent 2 rooms in owners home. Given 30 day no cause. He accepted rent for the month, is no cause still legal? Also,
Gregory L Abbott's answer
IF you are on a month to month tenancy and have been there less than 1 year, then 30 days notice is the minimum required, presuming the notice was lawfully worded and properly served. If the landlord accepts rent, and keeps it more than 10 days past the listed termination date without any special agreement with you, they likely have waived their right to enforce that notice and would need to start over with a new notice. Questions? Review everything with a landlord-tenant attorney.
IF you are on a month to month tenancy and have been there less than 1 year, then 30 days notice is the minimum required, presuming the notice was lawfully worded and properly served. If the landlord accepts rent, and keeps it more than 10 days past the listed termination date without any special agreement with you, they likely have waived their right to enforce that notice and would need to start over with a new notice. Questions? Review everything with a landlord-tenant attorney.
Q: Do I have to sign a waiver for floor work to bring it up to city code in my apartment?
Gregory L Abbott's answer
I cannot think of an instance where you would be required to sign a waiver. One normally does so because it is preferable to the alternatives if it is not signed. At best, it should be open to negotiation and that is likely the real issue here - are whatever concessions the landlord is offering sufficient for you to go through the hassle and process? Are you on a month to month or a term lease? Unless conditions are so bad that the City proposes to red tag your dwelling and force you out,...
I cannot think of an instance where you would be required to sign a waiver. One normally does so because it is preferable to the alternatives if it is not signed. At best, it should be open to negotiation and that is likely the real issue here - are whatever concessions the landlord is offering sufficient for you to go through the hassle and process? Are you on a month to month or a term lease? Unless conditions are so bad that the City proposes to red tag your dwelling and force you out,...
Q: If I accept child support does it entitle the father to more visitation rights?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Oregon
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
M. Nicole Clooten's answer
The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.
The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.
Q: Rent increase Portland OR - landlord won't provide written notice
Gregory L Abbott's answer
It depends upon what you want. You should just continue to pay your normal rent in a timely manner. If the landlord wants to do something about it, it will be his burden to prove that he gave you the required 90 day notice (now required statewide for rent increases). If the dwelling is within the Portland City limits, the landlord also is subject to the relocation assistance payment rules. They include his providing you written notice of your rights to such payments at the time he issues a rent...
It depends upon what you want. You should just continue to pay your normal rent in a timely manner. If the landlord wants to do something about it, it will be his burden to prove that he gave you the required 90 day notice (now required statewide for rent increases). If the dwelling is within the Portland City limits, the landlord also is subject to the relocation assistance payment rules. They include his providing you written notice of your rights to such payments at the time he issues a rent...
Q: I'm 21 yrs old. How I can get the child support my father was court ordered to pay, but he did not?
Jessica Larsen's answer
You would want to follow up with the Oregon Department of Justice, Child Support Division. They handle most child support cases and can collect from the father. If that does not work, or the father is not ordered to pay through the Department of Justice, you would likely need to file a motion to enforce the judgment.
You would want to follow up with the Oregon Department of Justice, Child Support Division. They handle most child support cases and can collect from the father. If that does not work, or the father is not ordered to pay through the Department of Justice, you would likely need to file a motion to enforce the judgment.
Q: How can I make my daughter laugh mother comply?
Jessica Larsen's answer
Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard language for a judgment. If your child was in danger, you could file a motion for immediate danger to suspend parenting time, but generally courts do not view head lice as a dangerous situation....
Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard language for a judgment. If your child was in danger, you could file a motion for immediate danger to suspend parenting time, but generally courts do not view head lice as a dangerous situation....
Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter
1 Answer
| Asked
in
Civil Litigation, Construction Law, Business Formation and Business Law
for
Oregon
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Daniel DiCicco's answer
Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.
Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.
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