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Oregon Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Oregon on
Q: How/where do I get compensated for hair loss from a hair product with misleading/false claims?

Hi, I’ve been looking for a lawyer to take my case, but with no avail. So I’ve been trying to do it on my own, but can’t. I would greatly appreciate knowing where or how I can get help getting compensation for this, if/what letter I can send, or if I have to go to small claims, etc.. Thank... Read more »

Virgil Royer
Virgil Royer answered on Sep 24, 2021

There are few things more frustrating that companies that make promises to their customers, who rely on the promise, then only to find out that it is a lie. "Best Burgers in Town", "World-Famous Pizza", those all make us expect their products to be good--if not the best in town.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved out of a rental. The initial deposit was $800 of which the landlord returned $500.

It has been well over 31 days since we turned the property back over to the landlord. The only “written” itemized accounting we have received was via Facebook Messenger and/or email. It was not personally delivered or mailed.

They have claimed they’re withholding the additional $300... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 22, 2021

You should sue for the $1600. If he wants the $500, let him counter Sue you for it - and prove it in court. That said, you may want to think about having an attorney represent you in regular court instead. The landlord has no incentive to do anything but go to trial in small claims. In regular... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Is it Legal for an employer to put up a sign saying they start at a certain rate when their employees do not make that?

My work put up a sign saying a position starts at $17.25/hr. I work the position and only make $15.48/hr. My employer told a coworker that it’s because we work 32 hours a week instead of 40.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Maybe not. This is not really a minimum wage question, it is whether the employer has misrepresented the terms of employment. In CA, it is unlawful for an employer to misrepresent the terms of employment to get you to move to CA for the job. In OR? You should contact a local employment law... Read more »

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1 Answer | Asked in Divorce for Oregon on
Q: Filing for divorce, in Oregon both residents. Im the wife am I entitled to alimony, settlements owed .monies?

Married since July 5th 2014 at least still married separated and separate households since October 2018

Husband was soul provider

At the time when we were getting married. We signed, and the wedding official signed document stating husband will pay wife monies out to the wife every... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 20, 2021

In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Who makes the determination (if anyone) as to the livability/habitability of one's home?

Please understand that I am not asking whether I have a case or trying to provide any and all relevant details in the hopes that someone "buys" my story. I know that my home does not meet a number of the elements required for habitability (i..e., I cannot cook due to the lack of a vent... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 18, 2021

ORS 90.320 specifies the minimum habitability standards a rental dwelling must meet. Besides seeking monetary damages, you can also ask a Judge to Order a landlord to repair, with severe penalties if they do not. Review everything with a local landlord-tenant attorney.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In Portland if a landlord sends someone to do an inspection, can I require them to wear a masking and gloves during?

Have an inspection coming up and I’m worried with COVID know my landlords that they will not follow proper health protocol and I am immuno comprised.

Gregory L Abbott
Gregory L Abbott answered on Sep 17, 2021

Certainly - you are free to put any reasonable requirements you wish upon anyone wanting to enter your home, just tell them ahead of time. If they don't want to comply, refuse entry. If they try to enter anyway, document it and call the police the same as you would for anyone trying to force... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I'm mother refuses to identify my biological father. Can I take her to court to I.D. him ?

i'm 46 years old

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 10, 2021

Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my family is on quarantine for testing positive for COVID 19 can my landlord come in to do a inspection still?
Gregory L Abbott
Gregory L Abbott answered on Sep 8, 2021

You should deny him entry at least until after the quarantine is finished.

1 Answer | Asked in Personal Injury, Construction Law, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Im victim of arson .fire happen august 2019, fire coming from one of the unit 3rd floor causing the whole building total

Total lost ,is been 2 years now the condo 70% done sudenly there 2 things hapend our porsonal insurance says we have to move out of tenporaly housing.and the unit that cause fire lawyer text us about how much amount that they(farmers) owe us. I dont want answer i need advice

Tim Akpinar
Tim Akpinar answered on Sep 7, 2021

An Oregon attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and the loss of your home to fire. When you say you want advice, not answer, you may need to consider a consult with an attorney (if you don't have one already, where the attorney... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

Gregory L Abbott
Gregory L Abbott answered on Sep 7, 2021

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: 1. How do I get a dui and reckless endangermeant reduced?2. How am I able to get neglect taken off my record?

I was charged with a dui and reckless endangermeant while I was on my prescription medication I didn't have an accident but was swerving on the highway with my daughter in the backseat. I don't remember anything about the incident. I have much more details about the case and that day but... Read more »

Virgil Royer
Virgil Royer answered on Sep 4, 2021

First, and foremost, consider yourself blessed that nothing worse happened and your daughter is alright and safe, as are you. Second, the fact you "don't remember anything about the incident" is troubling. But, it highlights the seriousness of what occurred. The fact that you were... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: (4) A judgment may not be enforced if the plaintiff has accepted rent

My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.

Gregory L Abbott
Gregory L Abbott answered on Sep 4, 2021

The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2021

Yes, there is such a thing. However, you I’ll most likely find that the premium is about equal to the death benefit at your mom’s stage in life.

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1 Answer | Asked in Domestic Violence for Oregon on
Q: How do I remove an abusive partner from my home?

We have lived together for the last 3 years. We have 2 children together. I am the sole homeowner and work full-time. She works part-time and refuses to leave because she can't afford to live on her own. She is extremely abusive to myself and our children. I have insisted that she needs to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 3, 2021

It depends upon whether she can legally be classified as a tenant. If so, you go through the hoops to terminate her tenancy and evict if necessary. If not a tenant (likely given your brief description), then you have to file to eject her from the house. Eviction and ejection share similar goals -... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have tenants that have lived with me for three years in Albany Oregon. For the first year they were on a year lease

Then defaulted to a Month to month. My husband needs the room for his sister, as she has no where else to go. By law can I give them a 30 day notice or does it have to be a 90 day? What are my options?

Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

You have to provide them with a written 90 day no cause termination of tenancy notice that specifies all the legally required information and which is lawfully served upon the tenants. See ORS 90.427

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can 10 people show up for a house showing that we were notice 24 with no. Realtor or owner present and no mask
Gregory L Abbott
Gregory L Abbott answered on Sep 2, 2021

Of course they can - and you are free to decline them entry or to ask them to leave. If they don't, call the police.

1 Answer | Asked in Civil Rights and Small Claims for Oregon on
Q: In oregon how can I get my belongings out of a storage unit that is only in my daughter's na

We opened the unit together but I paid it.

Gregory L Abbott
Gregory L Abbott answered on Sep 1, 2021

When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is selling her duplex. Does she have to pay us our security deposit or does it transfer to new the owners?

Our landlord does not live in the duplex, it's an investment property.

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2021

Whomever is the owner when you leave will owe you the security deposit, regardless of whether the current owner has transferred the deposit to the new owner or not.

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