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Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Once a tenant has given a 30 day written notice to vacate the property, can they revoke that notice?

If a tenant has followed protocol and given a written 30 day notice to vacate a month to month lease contract can they revoke that notice or do they legally have to vacate unless the landlord allows them to stay?

Gregory L Abbott
Gregory L Abbott answered on Dec 3, 2020

If either side - tenant or landlord - issues a notice of termination, they have no legal right to rescind the notice without the permission of the opposing party. So no, if a tenant gives a written 30 day termination notice, the landlord may rely upon it and enforce it if the tenant fails to leave... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Oregon on
Q: My insurance company was suppose to be settling my claim and today demanded my phone and text records going back 3months

Also my financial records going back 2 months. What the hell

Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

An Oregon attorney could advise best, but your post remains open for three weeks. It's difficult to speculate what could have caused the insurance company's change in position without knowing additional details. Whatever the reason, something raised the suspicion of the claims examiner.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: tenant moved out & and his girlfriend stayed and refuses to leave. She is not on the rental agreement. How do I remove?
Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Depends upon the exact details. Perhaps under ORS 90.403 you could evict her as an unauthorized possessor. If your exact facts don't allow that, you may have to file to eject her instead of evicting her. Regardless, neither are do-it-yourself sort of projects and can prove to be very... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to show up every month around the 20th wanting rent that is not due until the first?

We have been here 14 years and never missed a month and all of the other 11 tenants pay him early as they have pensions or are a two income household. Its just my husband and I , he works, I do not. Im growing extremely tired of being bugged for rent that is not due yet, not to mention all the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Depending upon the exact details, it may be a violation of Oregon's Unfair Debt Collection Practices Act to demand payment of a debt that is not yet due.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My girlfriend and I are on a month to month lease with 1 roommate. Can the 2 of us give notice to vacate?

What if the 3rd Roomate doesn’t want to move out? Can we give notice and remove ourselves from the lease? Or are we responsible for the rent until a new Roomate is found?

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

If all 3 of you are on the same lease, any of you can issue the required 30 day termination of tenancy notice. Doing so will legally terminate the lease for all 3, though #3 can always talk with the landlord to see if they can enter into a new rental agreement, with or without new, replacement... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a month to month tenant ask for a lease renewal sooner than the 90 days we are required to give to them?

I just started as a property manager at my company in August of 2020. My predecessor was bad at sending out renewals on time to fixed term tenants. I have a tenant that's lease expired 10/31/20 and they asked me about it on 10/21/20. Seeing that a renewal was not sent I generated one and sent... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Sure, you can enter into a new lease anytime that both sides/parties agree. That said, no, you cannot lawfully raise rent without at least 90 days advanced written notice. There is no reason, however, the new lease cannot provide for the old rent until 90 days have passed and then have the rent... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to serve me a lease violation notice through e-mail?

I received an email from my landlord saying I had 14 days to cure, and that on day 14 they would be doing an inspection. Is this legal? Or do they have to give it to me in person? They cited Covid as the reason for email instead of in person.

Gregory L Abbott
Gregory L Abbott answered on Dec 2, 2020

Covid does not change a landlord's obligations - serving solely by email (or text for that matter) is not a lawful way to serve a 30 day for cause termination notice and any attempt to enforce the Notice is likely to fail in court. As to whether it also is a valid method of notifying you of... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: can a lawyer from one county represent a client from where the papers were filed in another county in Oregon?
Tim Akpinar
Tim Akpinar answered on Nov 30, 2020

An Oregon attorney could answer best, but your post remains open for three weeks. As a GENERAL matter NATIONWIDE, attorneys who are licensed to practice in a state can usually practice throughout the courts of the entire state without county-specific restrictions (other than limitations that may... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My sister-in-law passed away intestate & heirs don't want to file for probate. What happens to her estate?

Assets <$10,000 but credit card debt alone greatly exceeds that. Also a pension balance has a beneficiary.

Theressa Hollis
Theressa Hollis answered on Nov 30, 2020

If your sister-in-law's debts exceed her assets then her estate is insolvent. It's common for family to not want to file an insolvent probate since there often isn't anything in it for them. Your sister-in-law's assets may eventually be sent to the Department of State Lands... Read more »

2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Nov 26, 2020

Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: IF THERE WAS NO BOND ON PROBATE AND ALL THE NON PROBATED ASSETS DISAPPEAERED WHILE PROBATE WAS OPEN.CAN IT BE REOPENED

16 years later.when the executor learns that the probate lawyer assisted the other sibling in stealing it all

Theressa Hollis
Theressa Hollis answered on Nov 24, 2020

If you have a complaint against an Oregon attorney you could contact the Oregon State Bar. Yes, probates can be reopened if necessary. You might want to pay a probate attorney for an hour of time to review the facts in your case to determine what next steps you should take.

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

2 Answers | Asked in Medical Malpractice for Oregon on
Q: Yes I was wondering if false documentation on a medical record from a physician is something to pursue

There is no expectations or pain contracts set in place therefore I was unaware of the rules

Patrick D. Angel
Patrick D. Angel answered on Nov 22, 2020

Regarding the question as to whether false documentation on a medical record is something to pursue, the short answer is yes. You should always point out something inaccurate in your medical records if you notice it. It's just good practice and could protect you from harm, such as if the... Read more »

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1 Answer | Asked in Real Estate Law for Oregon on
Q: Dear Landlady, Your reason for turning us out in the middle of winter, amidst a pandemic, in a miserable rental mar

If it s true we have to move so owner can move in...

If we're good tenants, why did she not offer her vacant house next door to us?

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

An Oregon attorney could advise best, but your post remains open for a week. I'm sorry for the anguish your situation must be causing you, which is evident from your post.

Writing a public letter will not do very much for you. Reach out to one of the experienced Oregon landlord-tenant...
Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: I appeared at my court date for a DUI charge and no charges were filed. Can they re-cite me?

The officer called me over a week past my court date I appeared at and she did not, nor did she file charges. Is it legal for her to re cite me now?

Brandon C. Foy
Brandon C. Foy answered on Nov 21, 2020

Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.

This process...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent an apt. Out only on a week to week. I have someone that refuses to leave after being asked to by owner and mgr.

Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 20, 2020

Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: If parenting plan to move out of state is agreed upon, only if child support is cut. Is that extortion?

My wife and I are trying to move from Oregon to Arizona. We met with her ex (non custodial) parent and he agreed upon a parenting plan but he will only sign if child support is cut in half.

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 20, 2020

No. Extortion is a crime that usually involves a threat of physical harm. You have a dispute about child support.

Oregon’s Uniform Child Support Guidelines contain a formula that takes into account the parties’ gross income, the parties’ parenting plan (the overnights), childcare...
Read more »

2 Answers | Asked in Probate for Oregon on
Q: no will or power of attorny on my stepdad n moms house stepdad died 28 days later my mom did i need to know how to claim

my mother died 4 days ago n i need to know how to file claim on house in oregon no will or power of attorny im oldest child my sister died as baby n my brother doesnt want it

Theressa Hollis
Theressa Hollis answered on Nov 20, 2020

I'm very sorry for your losses. I recommend you hire a probate attorney. If the house is in Oregon it's likely there needs to be a probate on at least your mom's estate. It's possible for your brother to sign a Disclaimer. If he has no children, that should give his share of... Read more »

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: I took my daughter to the dentist and she received unnecessary dental work that I did not authorize or approve.

I took my six year old daughter to the dentist she was supposed to have two fillings and a coating of sealant put on her teeth. after the dental assistant brought my daughter out she had said that two of her teeth were loose and it falling out during the procedure on their own after getting home... Read more »

Virgil Royer
Virgil Royer answered on Nov 19, 2020

I hope that your daughter is doing well. Getting dental care at a young age is important and you want her to have a positive experience. This is a tough issue, because a child (as a patient) cannot legally consent to treatment. You, as the parent, are in control of what is consented to and what is... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am currently renting a room in a house for the past 5 months. The washer and dryer are in the kitchen.

The landlord has informed us that the water supply to the washing machine in the kitchen is being disconnected. A reason is not being given. The landlord pays for water. Is this legal? Is the landlord required to give me a discount in my rent, since I moved in with the understanding that I could do... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 19, 2020

A landlord does not need to provide appliances at all to a tenant. But if they elect to do so, then they are obligated to maintain, fix, repair or otherwise continue to provide the same or better level of service to the tenant throughout the tenancy. So your landlord is free to remove the washing... Read more »

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