Oregon Questions & Answers

Q: Oregon- When a neighbors tree falls causing substantial damage who owns the tree?

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Oregon on
Answered on Apr 26, 2017

Call your home owner's insurance and let them take care of it. If your neighbor sues you they will defend you. Just pay your deductible. I think your neighbor is responsible for the tree falling on your house. A property owner needs to inspect trees and make sue they are stable. (I watched a program recently here in Portland and the arborist was saying that the majority of tree that fall could have been prevented. They get rotten and there are signs that a trained arborist could have...
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Q: Can we refuse to pay a deposit if the home was dirty and had mouse nests when we moved in?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 25, 2017

Generally, both sides have a right to insist on compliance with the written lease terms though if the landlord has accepted 3 or more monthly rent payments with knowledge of a tenant's non-compliance with a lease term, they have generally waived any right to enforce that term.
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Q: If a landlord has already served a thirty day notice. Can they come back and serve another notice to get out sooner

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 25, 2017

Yes, a landlord can serve as many notices as they have legitimate cause to serve and/or they can serve them as frequently as they wish.
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Q: I had a landlord steal my car and give it to someone else. I don't know how much to file against her. I need help

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 25, 2017

You need to carefully review all the events and written notices issued you by the landlord with a landlord-tenant attorney. It is possible that you may have valid claims against the landlord for up to twice the amount of your actual loss. It is also possible that the landlord was within her rights if she had it removed or otherwise gave the vehicle away. It all depends upon the exact details. Good luck.
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Q: I have a divorce degree with a parenting plan. If my ex violates the time by not allowing to see my child. What are my

1 Answer | Asked in Child Custody for Oregon on
Answered on Apr 25, 2017

(You meant decree, not degree.) You can go down to the courthouse and file a petition to enforce the parenting time. You will need to serve a copy on your ex and then he/she will have to go to court and explain to the judge why he/she is not complying with the parenting time plan.
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Q: The respondent is in contempt of court as he will not pay debt to me according to the divorce decree.

1 Answer | Asked in Divorce for Oregon on
Answered on Apr 25, 2017

It sounds like you came up with a plan without first consulting with a lawyer and making sure your ideas were feasible. About the only thing you can do now is talk to a lawyer and see if there is a solution. Your problem requires some back and forth questions and answers to it isn't something simple you can throw up on a website and get resolved.
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Q: I am preparing 3 legal documents, Durable Power of Attorney for Finances, Will, and Transfer on Death Deed. I am using

1 Answer | Asked in Estate Planning for Oregon on
Answered on Apr 25, 2017

I do not recommend you do your own forms for estate planning. You need to talk to a lawyer to make sure that what you think is going to happen is what is going to actually happen. Steven's Ness forms are only intended for use by trained lawyers that know the impact of the forms. They were never designed to be used by people that are not lawyers. Bad bad bad idea. The average house in Portland is worth $350,000 or much more. Why would you want to skimp and not pay a few hundred dollars to...
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Q: A tree fell on the house I rent in December, it is now April and the landlord has done very little to fix it.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 24, 2017

You should find a local landlord tenant attorney to discuss what can be done. Some of the damage sounds superficial, but for those that effect habitability, those are what need to be addressed. That can potentially be done via withholding rent, but there is a process that needs to be followed, and an attorney on the eastside can help you with that.
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Q: Husband on visitors visa and needs to leave before filling AOS

1 Answer | Asked in Immigration Law for Oregon on
Answered on Apr 24, 2017

This is unfortunate. It can take three to four months, perhaps longer, before he may secure an advanced parole document to travel. It can take a year or more to return with an immigrant visa through the U. S. Embassy in Algeria. He must process through the USCIS, then then National Visa Center, then the Embassy, then enter the U. S. If there any additional complications, then there can be additional delays, where you may live away from each other.

I strongly recommend an appointment...
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Q: How do I recover lost wages in Oregon? The boss fired me assaulted and threatened me and stole my mail? What do i do?

1 Answer | Asked in Employment Law for Oregon on
Answered on Apr 24, 2017

The best option is to find a local employment law attorney to handle the case. Most of us take these on a contingency basis, meaning you pay nothing unless the attorney recovers something for you. Most also structure it so you get all of your back wages, with the employer paying the attorney fees, plus potentially splitting the penalties.
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Q: My divorce decree states the respondent owes a pre-judgement child support and equalizing judgement. He will not pay.

1 Answer | Asked in Divorce for Oregon on
Answered on Apr 23, 2017

I really can't follow what you are talking about here and I doubt other attorneys will understand it either. You really need to make an appointment to go to an attorney's office and sit down with all the paperwork and explain what you were trying to do with your divorce settlement agreement. It is no uncommon for people who try to do their divorce without legal representation to agree to terms that can't be accomplished because the agreement relies on strategies involving other business...
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Q: Can you receive Workman's Comp based on mental health issues? Is my employer violating Oregon employment laws?

1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on
Answered on Apr 21, 2017

Try contacting a WC attorney about that part of your question. Note, attorneys cannot solicit your business, you have to contact them.

Meanwhile, unclear as to what sort of property manager you are, as in for apartments or say a self-storage place. If you are to apartments, review this: http://www.oregon.gov/boli/TA/pages/t_faq_tamgrapt.aspx
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Q: a buyer is defaulting on land contract~lien is being put against buyer/property by 3rd party~will that transfer to me?

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 21, 2017

It really depends on the terms of your land sales contract and whether the contract and other related real estate documents were properly recorded to reflect what your interest is in the land. You are going to need to take your documents to an attorney and get a legal opinion. The basic legal issue is did you convey title but only retain a security interest in the property until the purchase price was paid. If that was the essence of the contract then your buyer may actually own the property...
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Q: I would like to know which estate the money from the sale of a house belongs to

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Answered on Apr 19, 2017

There is no estate until someone dies. Your question does not explain if one or both people have died nor does it state who died first. If both people are alive you won't be able to figure this out because either person could change their current plans or they could get divorce. If you are the same person that posted a similar question earlier - please read my prior answer. https://answers.justia.com/question/2017/04/19/when-a-house-is-sold-does-the-money-rema-263180
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Q: When a house is sold does the money remain part of the original owners estate.

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Answered on Apr 19, 2017

If it was left to her then she now should own it free and clear and is free to treat the house or the proceeds of the sale as 100% her property. What you really need to find out is whether she actually did end up owning the house 100%. But it is likely this was the case if the house was titled in both her and her husband's name as "husband and wife" or if it said that they owned it "joint and survivor" or "as tenants in the entirety". Any of these designations would have created a right to...
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Q: what can I do if my ex boyfriend toke my kids out of the state

1 Answer | Asked in Family Law for Oregon on
Answered on Apr 19, 2017

The time clock is ticking down. Once the children have been with your boyfriend for six months he will try to file in California for custody. Since this only recently happened you can still file in Oregon for custody and immediately seek a status quo order to order that the children be returned to their usual place of living which I am going to assume has been with you up until this recent visitation. Courts absolutely hate when parents play these types of games with children....
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Q: 5 MONTH..

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 19, 2017

First, PLEASE STOP using all caps. It is considered yelling on the internet.

Secondly, again, take your lease and documents to a local landlord-tenant attorney. Frankly, there are few attorneys hanging out in this forum, and it is difficult for any attorney to give a good answer without seeing the lease.

Third, while I understand the frustration, life does not always afford you instructions. What I mean is, if you and the prior tenants knew about empty rooms (and hard to miss...
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Q: PREVIOUS QUESTION 5 MONTH CHARGES..

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 19, 2017

What I meant about what would be on the lease (remember you took over an existing lease, so the original lease) is that all tenants are likely liable for the rent, not just their portion. The real issue you have is with the prior tenants who didn't pay the bill.

If you want to fight this, find a landlord-tenant attorney near you and take your lease and all other documents with you. One in Corvallis is Robert Lloyd Mauger.
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Q: IS IT LEGAL THE WAY OUR LANDLORD RANDOMLY GAVE US A FINANCE CHARGE THAT WE DIDNT KNOW WAS ADDING UP FOR 5 MONTHS/NOV-APR

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 19, 2017

This sounds like one of the problems with taking over a lease, especially one like this where it appears there were multiple roommates. Most likely, the lease you took over explains your situation regarding the fees and that all renters are jointly liable for the amounts.

Lastly, while it is common courtesy for a landlord to bring this to your attention earlier, there is no requirement other than formal notice of eviction.
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Q: Why is it that only a child can inherit a house, not a grandchild who has kept grandparent out of nursing home 2 years?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Oregon on
Answered on Apr 19, 2017

Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do that too. There is no 'law' that requires giving anything to anyone.

If you mean she can't 'give' it to ANYONE because that gift would make her ineligible to receive Medicare, then your question...
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