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Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was served a no cause eviction notice that says we need to vacate on a certain date so the owners can move in.

Can they make us leave without a court order?

Gregory L Abbott
Gregory L Abbott answered on Mar 6, 2021

The landlord has to lawfully serve you at least 90 days prior written (NOT text, email, verbal, etc) notice that they are terminating your tenancy. If it is legal and you don't restore possession to the landlord by the specified date, then they can seek a court order evicting you. If you are... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Property manager not communicating but my lease is expiring soon—do I still have to pay?

I live in an Oregon apartment (Washington County) and pay my rent on time every month. My lease ends on March 31st but I haven’t heard anything from our property manager about renewing, expiring, being terminated—nothing.

I sent a dated note with my most recent rent check (which was... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 6, 2021

A fixed term lease that expires and has not been either renewed or timely terminated automatically rolls over into being a month to month rentals agreement. If you are within the Portland city limits, additional rules may apply and a new, fixed term lease might be required. Tenants always owe rent... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am renting a home and the landlord want to sell. What rights do I have during this pandemic?

I’ve been living in for 2 1/2 years with my 14 year old daughter. Last month I reported to the landlord of the leaks in the bathroom. As a retaliation he wants to sell the home. I am currently on Noha who pays my rent.

Gregory L Abbott
Gregory L Abbott answered on Mar 6, 2021

While prohibited for a while during the pandemic, currently landlord's are allowed to give a tenant a 90 day written notice terminating their tenancy if they sell the dwelling to a buyer who intends to occupy it as their primary residence. They cannot issue the notice until they have accepted... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: how long is a chemical etching patents?

For example, what is the duration of a patent 10640679

Kevin E. Flynn
Kevin E. Flynn answered on Mar 3, 2021

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: My husband is in a care assisted facility for memory loss he comes in and out so he has a car he loves being stored a

Person drive way.i want to get it home but they don't want to let it go.its a money thing.it is in his name.what are the rules?

Theressa Hollis
Theressa Hollis answered on Mar 2, 2021

If the car is in your husband's name then he is in control of deciding where it should be stored. If your husband signed a Power of Attorney then the person named as Agent could also decide about the car. The only other way to control your husband's assets is to have a Conservator... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I got side swiped by a car while riding my bike. Hit and run. Can I sue if we find the person? And for how much?

His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.

Jennie Lynn Clark
Jennie Lynn Clark answered on Mar 1, 2021

Assuming the driver of the vehicle that hit you was at-fault for the accident, you can sue if you find the person within the statute of limitations with enough time to get a lawsuit filed. If the incident happened in Oregon, your case must be filed or settled within 2 years.

If you have...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: We are In the process of purchasing a home with renters who don’t want to leave

Current owner has served them a 90 day termination notice. Our realtor is saying that at the 90 day mark they can be removed by the sheriff if they haven’t voluntarily left yet. Is this true? Or would we have to wait the 90 days and then the current owner file for eviction proceedings?

Gregory L Abbott
Gregory L Abbott answered on Feb 28, 2021

I hope your realtor knows more about real estate than he does about landlord-tenant law. IF the current owner served a lawfully worded 90 day Notice, and lawfully served it, and the tenants don't leave, then the current owner will have to go to court to evict them - and that could take awhile... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord begin to charge a late fee for rent, the 5th or the 6th?

I always knew it to be after the 5th of the month, however my new landlord sent a mailing stating due on the 1st on late after the 4th. So I decided to research to see if that changed and I am getting confusing answers. Both Nola and Oregon State Bar states it is after 4 days after rent becomes... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 26, 2021

IF your written rental agreement provides for it (and it will specify when rent is late), a landlord can charge the late no sooner than the 5th day after it is due. So if rent is due on the first, with the statutory grace period of 4 days, rent is late and subject to a late fee on the 5th. Many... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: The owner of my house gave me a 90 day termination notice to move november 11, 2020. He wants to renovate the house.

I believe that was during the metorium? Also he gave me notice for everyone residing in the home to provide $100,000 rental insurance? Besides myself the other people in my home is my 4 kids all under 18 yrs of age. Can he make my kids get renters insurance, when I already have active home... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 26, 2021

See a local landlord-tenant attorney. It likely was unlawful to serve you a no cause termination notice for renovating the dwelling and you may be entitled to recover damages. Was insurance specified as being required in your lease? If not, it may also be unlawful, plus all you should need at... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord give you 90 days to move during the current moratoreum? Plus, are realtors required to wear masks?

Our story is a little long, but our landlord told us we have 90 days to move through a text on the day they listed the house we're renting for sale. As a side note, we've lived here for approx. 3.5 years and have always paid our rent on time.

The second question has to do with the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 24, 2021

First, no termination of tenancy notice can lawfully be served by text or email; ONLY by personally handing the written notice (containing all the required information) to a tenant; by mailing it regular first class mail (NOT Certified) and adding on an extra 4 days, including the day of mailing;... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My roommate and I own a home in oregon. Who decides if additional people move in

The home has no mortgage. I have a child. We all live in the home. We were in a long-term relationship but aren't anymore. He wants his new girlfriend and her son to move in

Gregory L Abbott
Gregory L Abbott answered on Feb 24, 2021

I assume you own the home as tenants in common. Any owner has the right to invite others to occupy the unit, so either of you can. If you can't even agree on co-occupants, perhaps being co-owners was not the wisest choice.

2 Answers | Asked in Personal Injury for Oregon on
Q: There is a huge homeless camp next door its private property who do I sue?

use? is a huge homeless camp next door it is private property on tualatin valley highway(worth alot). The property owner recently passed away, the city is doing nothing about it the camp keeps growing and garbage piling up. I have had things stolen from my property and the police wont do anything... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

You would be looking to file a nuisance claim against the estate of the owner of the property. I would suggest you start by getting active by speaking with your representative on the town council. I would suggest approaching it from a standpoint that this is not good for those people, that the... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 90 day Lease termination notice for the landlord planning to move his brother into the house I'm renting.

The document was drafted by a lawyer. The document only states " Landlord" in the notice and does not specifically state my landlord's legal name. I have a verbal agreement with my landlord to rent from him. Could I challenge the notice if the landlord's legal name is not mentioned?

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

Challenge? Sure. Win? Not likely.

1 Answer | Asked in Estate Planning for Oregon on
Q: Is there anyone that is excluded from being a per rep or trustee to an estate if the named rep declines? (Oregon)

My brother declined to be per rep and trustee to my fathers estate. Are there any parties that excluded from taking his place?

Theressa Hollis
Theressa Hollis answered on Feb 22, 2021

It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: Can I file charges against someone who used unreasonable physical force with multiple weapons.

I was cited for trespassing

Jennie Lynn Clark
Jennie Lynn Clark answered on Feb 20, 2021

You can make a police report against someone who used unreasonable physical force with multiple weapons. If you have been a victim of a crime, it would be good to seek justice by making a police report. The police may or may not do an adequate investigation and may or may not refer it to the... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord legally charge you more in rent, if you have legal dealings against them, and call it a "penalty fee"?

This is regarding lot space rent in a mobile home park.

My landlord sent out a notice of rent increase, exceeding the allowed 7% per annual legal maximum. In the letter, they stated that we could have a $20 "discount" if:

1. paid within 5 days

2. have a current... Read more »

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

First, the maximum rent increase in 2021 in Oregon is 9.9% - the 7% is the base cap but you have to still add the annual cost of living percentage as determined by the Federal government every year. That said, a landlord in Oregon may only charge fees specifically listed and approved in the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the current moratorium for evictions in Oregon?

Our lease is up on March 31st and our landlord served us a 90 day notice on January 1st. They sent it via email. They plan on putting the house we're renting up for sale next month. I thought the moratorium would protect us from having to move out but they said it didn't count for us as... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 16, 2021

First, serving you a termination of tenancy notice by email alone is invalid and unenforceable - it is required to contain the specified information and be served to you by either personally handing it to you; mailing it regular first class mail (NOT Certified) and adding an additional 4 days to... Read more »

1 Answer | Asked in Animal / Dog Law and Car Accidents for Oregon on
Q: My dog got out and was hit and brought into a vet, a rescue shelter paid for him but refuses to talk or let me pay

After I provided evidence that he was mine and even have told them I will pay for him, but they won’t give him back and refuse to talk to me or give me any information, is their anything I can do, I was paying someone who I trusted with my dog to watch him while I was out for 2 days and came back... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Feb 15, 2021

It seems odd that they would not want to receive compensation for the vet bill, since you stated you are willing to pay. The next step would be to draft a letter with supporting documentation enclosed of ownership and offering to pay the vet bill and demanding the return of the dog. If that... Read more »

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

3 Answers | Asked in Bankruptcy for Oregon on
Q: My partner and I are both on the house mortgage. Will I be able to file for chpt. 7 or 13? will it affect the mortgage
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 15, 2021

A bankruptcy filing will certainly affect your mortgage debt, but if you are current in the payments, the mortgage lender may be happy to just continue to receive the monthly payments if you file a Ch. 7. Check your note and mortgage, because it may provide that the filing of a bankruptcy... Read more »

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