Oregon Questions & Answers

Q: How much notice am I required to give my landlord if I have lived in a rental over 1 year?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 17, 2019
Gregory L Abbott's answer
Assuming you are on a month to month tenancy, a minimum of 30 days advanced WRITTEN notice (NOT email, text, etc.). If served by mail, it must be mailed regular first class mail - not Certified - and you must add an additional 4 days, including the day of mailing.

Q: In Oregon who's responsible for a rodent ingestion in your place the tenant or the landlord?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Apr 16, 2019
Mr. Michael O. Stevens' answer
Rodent's are a habitability issue, thus the landlord needs to as a general proposition.

Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.

It sounds like all the surviving...

Q: How can I legally live in a tiny home on raw land clatstop county, Oregon?

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
This is more of a land use and zoning issue. I have changed the category for you. This is not my area of expertise but I can tell you that you need to investigate all laws that would apply. Oregon's Land use Laws, Oregon Building Codes, Building Codes, zoning and land use laws for Clatsop County and rules/laws/codes for any city that has jurisdiction over your land. You probably would want to talk to an Attorney who knows the land use laws and codes for Clatsop County. I suspect that the...

Q: Can I move out without my mother’s consent at 17?

1 Answer | Asked in Family Law for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
Technically you are a minor with no legal rights until you turn 18. If your uncle facilitates your moving without the consent of your custodial parent he can be charged with the crime of custodial interference. If you leave on your own accords, and stay out of trouble, it is unlikely that the police will drag you home. But as stated before, neither your Uncle nor any other adult can legally help you.

Frankly if you are just now graduating from high school you need to focus on getting...

Q: What should I do if mother had a stroke recently?

1 Answer | Asked in Child Custody and Child Support for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay support but that would be based on the new income circumstances for the mother. If mother had a stroke and can't work, she may have little or no income. If mother ends up collecting social security...

Q: Hi - I had a question. I was an outside sales rep. The first three months I had a base salary, then months 4, 5, and 6

1 Answer | Asked in Employment Law for Oregon on
Answered on Apr 12, 2019
Mr. Michael O. Stevens' answer
Possibly not. There are very specific rules on repayment of draws, and there may be unlawful deductions due to this that could potentially wipe out the debt, might even put some money in your pocket if done right.

Q: will the judge go back and undo what's already been done

1 Answer | Asked in Bankruptcy for Oregon on
Answered on Apr 11, 2019
Joanne Reisman's answer
You need to discuss this with your bankruptcy lawyer. That is the only person with enough knowledge of your personal situation and legal training to advise you. It may turn out that you still need the Chapter 13 for your personal liabilities but you need to revise your filings to accurately reflect what your personal holdings and liabilities are and the business entity may need to file a Chapter 11 however Chapter 11s are very complicated and expensive I am told by my colleagues who do them....

Q: G-parents died in 1976 with no wills, no probate was done. OR has unclaimed money (life ins policy). How can I claim?

2 Answers | Asked in Probate for Oregon on
Answered on Apr 10, 2019
Joanne Reisman's answer
You are going to need to talk to an Attorney. Usually if life insurance premiums don't get paid the life insurance gets canceled. If there is still a viable policy to collect the beneficiary would be determined as the date of your grandparent's death so people that were alive then may have the claim or if they have since died the claim accrues to their estate. Long story short, there is a lot to figure out and possibilities that the money doesn't end up going to you must be considered.

Q: I moved out of a place and didnt wipe out the fridge or pull some screws out of the walls

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 9, 2019
Gregory L Abbott's answer
No, I would not consider wiping out the fridge and removing a few screws (how MANY screws are we talking about?) to justify charging you $1000. That said, one would need to do a careful analysis of the landlord's accounting to determine whether it is worth suing over in court. Consider reviewing everything with a local landlord-tenant attorney if you really want to consider pursuing the matter.

Q: Should we stop K1 (fiance visa) and start F1/J1 (student) visa when petitioner is under criminal investigation?

1 Answer | Asked in Criminal Law and Immigration Law for Oregon on
Answered on Apr 9, 2019
Hector E. Quiroga's answer
We cannot recommend that you come to the US on either of those visas unless you have a legitimate claim to either one.

There is nothing that would necessarily keep you from coming on a K-1 visa, unless the crime for which might be convicted involved sexual abuse. If not, he can still file the I-129F, you can go the interview and come to the US. There are some complicating factors, certainly; however, we recommend you speak with an immigration attorney before you rule the K-1 visa out...

Q: Can I sue my neighbors for property damage due to their storm water running directly into my yard - lack of gutters

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 9, 2019
Joanne Reisman's answer
I don't know about Eugene but here in Portland the city gives homeowners a break if they disconnect their rain gutters from the storm drains and allow the water to instead percolate into the soil. This of course assumes that the rainwater has a way to soak into the soil. You can contact the city and see if the set up your neighbor's have violates some type of code. The city also has codes for proper drainage so that water doe not cause landslides involving adjacent property owners....

Q: Can doctrine of practical location be used to set boundary between lots owned by same person until 2 yrs ago?

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 8, 2019
Joanne Reisman's answer
Your mother in law was sold the property described in the deed. She should hire her own surveyor to survey the property and interpret the legal description of her deed. Then she should consult with her own Attorney and try to figure out what Oregon real estate laws would help her resolve the situation.

A practical solution maybe to just want to pay the granddaughter to do a lot line adjustment if the county will allow it. There is bound to be some type of solution but I have...

Q: My son was in a accident not his fault. My insurance was lasped. Oregon

1 Answer | Asked in Car Accidents for Oregon on
Answered on Apr 8, 2019
Joanne Reisman's answer
This isn't phrased as a question so I can't tell what input you are looking for. Is your son trying to get damages for his injuries? If so, all he needs to do is contact a personal injury Attorney in your area. A personal injury Attorney might take the case on a contingency basis and can also tell you how the liability issue looks.

Is your son trying to avoid paying for the other party's damages? Since your insurance lapsed you won't have the benefit of your insurance company hiring...

Q: I recently ranaway, but my family took my dog and went to txs. I thought they were gonna keep him, but they gave him awa

1 Answer | Asked in Animal / Dog Law, Family Law and Juvenile Law for Oregon on
Answered on Apr 7, 2019
Joanne Reisman's answer
There isn't an easy answer that someone can give you on the internet after just reading a short statement. On the one hand, if you have proof of ownership you might still have rights. On the other hand if you abandoned your dog that might amount to animal neglect and your family or your CPS worker giving your dog to someone who could care for the dog was actually doing you a big favor. You also have to think of the dog. The dog has the right to have a stable home with consistent care and...

Q: I have been served a Complaint for negligence in an auto accident, and need legal council on options that I may have.

1 Answer | Asked in Car Accidents for Oregon on
Answered on Apr 7, 2019
Joanne Reisman's answer
If you had auto insurance all you have to do is call your auto insurance company and they will assign an Attorney to defend that lawsuit at no cost to you. The same is true if you didn't have your own insurance but you were driving a car owned by someone else who had insurance on that car. You notify the insurance company that insured the car on the date of the accident.

You can also call Attorneys who do personal injury work or bankruptcy work as many Attorneys in these areas will...

Q: Can my landlords give me a verbal 60-day notice? I am currently on a month-to-month verbal lease.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 6, 2019
Gregory L Abbott's answer
It all depends upon what you mean. Neither your's not your landlord's verbal termination of tenancy notice is valid or enforceable. You would owe a minimum of 30 days prior WRITTEN (not email, text, etc) notice to him and he owes you at least 90 days prior written notice to terminate your tenancy. Plus he can only terminate your tenancy for a very limited number of specific reasons if you have been there for more than a year.

Normally a landlord must prorate your rent on a daily basis...

Q: My mother passed away and left a will. My nephew was appointed the PR and opened probate. The will was accepted into

2 Answers | Asked in Probate for Oregon on
Answered on Apr 4, 2019
Joanne Reisman's answer
This can't be answered on a website. Your brother, the PR needs to get legal advice and if the probate Attorney he hired doesn't know anything about family law then another Attorney familiar with family law needs to be consulted. The problem here is you are calling the document a prenup and prenups are normally understood to deal with divorce situations. However in Oregon there is such a thing as a contract to make a Will and generally there are principles of contracts which may come into...

Q: Simple JV agreement? or not.

1 Answer | Asked in Business Law and Contracts for Oregon on
Answered on Apr 4, 2019
Daniel DiCicco's answer
I don't think you have a simple option. Let's put it like this - when a real possibility exists that an investor's entire investment can evaporate, and then that eventuality comes to pass - people get mad. They start thinking of where things went wrong and while they may have seemed cool with it up front, when they still had all of their money, they may not be feeling so cool and calm about it after the fact.

This is where a proper, well-thought-out contract comes into play. What...

Q: Can I legally use a personal type (non-business) bank account to pay my business bills and make deposits into?

2 Answers | Asked in Banking and Business Law for Oregon on
Answered on Apr 3, 2019
Daniel DiCicco's answer
There is no legal requirement per se. Do you have a legal business entity like an LLC? If you do have an LLC then and you have concerns that perhaps one day you could be involved in a law suit, then I would want to keep my personal and business funds separate.

However, if you're just running a mom-n-pop business, then you can do whatever you want. There's no law saying you need a certain type of bank account.

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