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Oregon Questions & Answers
Q: Can I put a lien on someone’s home that I got kick out of if I bought and fixed their house to be wheelchair accessible
Gregory L Abbott's answer
It depends - what was the agreement at or before you rendered services? Was the work to be in lieu of paying rent? Was there an hourly wage agreed to or fixed price for the job? Are you licensed by the CCB? All these things may radically affect whether you are able to collect anything for your services or even if you may be fined or otherwise penalized by the CCB.
It depends - what was the agreement at or before you rendered services? Was the work to be in lieu of paying rent? Was there an hourly wage agreed to or fixed price for the job? Are you licensed by the CCB? All these things may radically affect whether you are able to collect anything for your services or even if you may be fined or otherwise penalized by the CCB.
Q: I want an older family member to move out of my home but she has refused.
Gregory L Abbott's answer
IF she won't go voluntarily, your only other option is to file in court to have her removed. The exact details control exactly what/how you file but essentially it is either for an eviction or an ejection. The goal of both is similar but how you get there legally is very different, as if the time and cost. Neither are a do-it-yourself project so you need to simply review everything in detail with a local landlord-tenant attorney and go from there. Good luck.
IF she won't go voluntarily, your only other option is to file in court to have her removed. The exact details control exactly what/how you file but essentially it is either for an eviction or an ejection. The goal of both is similar but how you get there legally is very different, as if the time and cost. Neither are a do-it-yourself project so you need to simply review everything in detail with a local landlord-tenant attorney and go from there. Good luck.
Q: Is it legal for a court to not have any working phone lines? Asking for grounds for a law suit.
1 Answer
| Asked
in
Civil Rights, Federal Crimes, Gov & Administrative Law and Municipal Law
for
Oregon
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Gary Kollin's answer
Be careful.
That sounds like a typical scam.
Read up on them,
There cannot be a contempt of court without a judgment
Be careful.
That sounds like a typical scam.
Read up on them,
There cannot be a contempt of court without a judgment
Q: Do I need to provide a move out date to receive relocation assistance?
Mr. Michael O. Stevens' answer
I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant provides written notice to the Landlord of the Tenant's request for Relocation Assistance (the "Tenant's Notice"), then, within 31 calendar days ofreceiving the Tenant's Notice, the Landlord shall pay to the...
I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant provides written notice to the Landlord of the Tenant's request for Relocation Assistance (the "Tenant's Notice"), then, within 31 calendar days ofreceiving the Tenant's Notice, the Landlord shall pay to the...
Q: This design patent he claims is unable to be finished and is flawed. Yet was still distributed. What can be done legally
Peter D. Mlynek's answer
Please feel free to post your question in your native language, and we'll translate it as we see fit. This Google translation from your language is gibberish that makes no sense.
Please feel free to post your question in your native language, and we'll translate it as we see fit. This Google translation from your language is gibberish that makes no sense.
Q: We have been renting to tenants for 3 years. A year ago their year lease was up and we made a verbal agreement of a rent
Gregory L Abbott's answer
You really need to have a written rental agreement no matter what, regardless of whether it is a month to month tenancy or a fixed term lease. Yes, if they are willing, you can enter into a new written agreement; you can even require them to enter into a new, written lease or have their tenancy terminated. The monthly rent is the sticking point. As you note, any increase requires at least a 90 day written notice of the increase in order to be valid. Conceivably you can have a new written...
You really need to have a written rental agreement no matter what, regardless of whether it is a month to month tenancy or a fixed term lease. Yes, if they are willing, you can enter into a new written agreement; you can even require them to enter into a new, written lease or have their tenancy terminated. The monthly rent is the sticking point. As you note, any increase requires at least a 90 day written notice of the increase in order to be valid. Conceivably you can have a new written...
Q: I signed a lease, changed my mind less than 24 hrs after signing. Can I void the lease w/o the lease break fee?
Gregory L Abbott's answer
You can certainly talk to the landlord and see what, if anything, they are willing to do. But legally, you are likely on the hook as soon as you signed the lease. If you were unsure, you should not have signed until you were or you should have put a clause in that allowed you out if you wanted after inspection.
You can certainly talk to the landlord and see what, if anything, they are willing to do. But legally, you are likely on the hook as soon as you signed the lease. If you were unsure, you should not have signed until you were or you should have put a clause in that allowed you out if you wanted after inspection.
Q: My landlord filed for eviction. I moved out before court and she had possetion. Went to mediation and said she would
Gregory L Abbott's answer
There is confusion here somewhere. First, if you had restored possession prior to the First Appearance, the landlord was obligated to dismiss regardless of any alleged debt. If she did not, you should have told the court and had it dismissed without the need of filing an Answer. If you somehow still went to trial and prevailed on a net basis, you should not have an eviction on your record (though there will always be the record of the case having been filed against you). The only time an...
There is confusion here somewhere. First, if you had restored possession prior to the First Appearance, the landlord was obligated to dismiss regardless of any alleged debt. If she did not, you should have told the court and had it dismissed without the need of filing an Answer. If you somehow still went to trial and prevailed on a net basis, you should not have an eviction on your record (though there will always be the record of the case having been filed against you). The only time an...
Q: Tenant who lives below us is also building maintinence, he was made aware that my wife and I complained about smoking.
Gregory L Abbott's answer
Unless there is some sort of written policy proclaimed by the landlord, they are not legally obligated to not disclose complaints or who made them. Indeed, there is the general policy that one is or should be allowed to confront their accuser and on a practical basis it may be necessary to either bring the parties together to talk things out or otherwise share the information presented in order to sort things out; determine when or where things happened, etc.
Unless there is some sort of written policy proclaimed by the landlord, they are not legally obligated to not disclose complaints or who made them. Indeed, there is the general policy that one is or should be allowed to confront their accuser and on a practical basis it may be necessary to either bring the parties together to talk things out or otherwise share the information presented in order to sort things out; determine when or where things happened, etc.
Q: Boss had me move to work for him. Gave me free rent. Worried he will fire me and won't have a place to live.
1 Answer
| Asked
in
Contracts, Employment Law and Civil Rights
for
Oregon
on
Answered on Aug 8, 2018
Answered on Aug 8, 2018
Mr. Michael O. Stevens' answer
Unfortunately, you have fewer protections as an employee in these situations: https://www.oregonlaws.org/ors/91.120
He could evict in 24 hours, or at least has to wait 24 hours before he files. Most courts take a couple weeks before you get to your first hearing, so you would have a little time.
Unfortunately, you have fewer protections as an employee in these situations: https://www.oregonlaws.org/ors/91.120
He could evict in 24 hours, or at least has to wait 24 hours before he files. Most courts take a couple weeks before you get to your first hearing, so you would have a little time.
Q: My kid is 20months and her dad is a repeat felon(violent)and has been around for a year. How can this impact visitation?
Joanne Reisman's answer
I am not sure I understand your question. The father's criminal history has no impact until you file in the court for parenting time (and custody if you still need to do that) and ask the court to set limits based on the father's behavior. When the issue is presented to the court as part of a parenting time / custody case, I would expect the court to take notice and place appropriate limits. But nothing happens unless you get this in front of a court which you really should. There are forms...
I am not sure I understand your question. The father's criminal history has no impact until you file in the court for parenting time (and custody if you still need to do that) and ask the court to set limits based on the father's behavior. When the issue is presented to the court as part of a parenting time / custody case, I would expect the court to take notice and place appropriate limits. But nothing happens unless you get this in front of a court which you really should. There are forms...
Q: I’m on a month to month lease with a roommate. If I give my landlord notice, does that end the lease?
Gregory L Abbott's answer
IF both of you are on the same rental agreement, and either one of you provides proper written notice of termination of the lease, it terminates the tenancy of both of you. Your landlord does not have to give a new lease to the roommate nor any notice at all - you are the ones providing the notice to him. If you vacate and roommate does not, landlord can go to court and evict roommate. Relocation assistance payments only come into play when the landlord is giving a no cause termination of...
IF both of you are on the same rental agreement, and either one of you provides proper written notice of termination of the lease, it terminates the tenancy of both of you. Your landlord does not have to give a new lease to the roommate nor any notice at all - you are the ones providing the notice to him. If you vacate and roommate does not, landlord can go to court and evict roommate. Relocation assistance payments only come into play when the landlord is giving a no cause termination of...
Q: if there is no court orders can my daughter be kept away from me by her dad and not allow me to see her? oregon
Joanne Reisman's answer
At this point you need a court order to prevent this behavior. You will need a parenting plan. If you are married this is part of getting divorced. If you aren't married but paternity has been established you can use forms at the courthouse, also on line, to petition for an order of custody and parenting time. If paternity has not been established then only the mother would have legal custody.
At this point you need a court order to prevent this behavior. You will need a parenting plan. If you are married this is part of getting divorced. If you aren't married but paternity has been established you can use forms at the courthouse, also on line, to petition for an order of custody and parenting time. If paternity has not been established then only the mother would have legal custody.
Q: Hi, I worked a restaurant that utilized a tipping pool (initiated by the employer) for both credit card and cash tips..
Mr. Michael O. Stevens' answer
Your best option is to find a new employer first, then go after the employer for the back wages.
Your best option is to find a new employer first, then go after the employer for the back wages.
Q: Am I owed relocation assistance?
Gregory L Abbott's answer
A single rental within the city limits used to be an exemption but the Portland City Council made major changes in the ordinance last March, including removing that exemption. Any notice of a rent increase in Portland of 5% or more requires the landlord to include a written notice of your rights, including the fact they have to pay you the relocation assistance payment (assuming they are not exempt - but if they are, they are supposed to provide you their exemption letter from the Portland...
A single rental within the city limits used to be an exemption but the Portland City Council made major changes in the ordinance last March, including removing that exemption. Any notice of a rent increase in Portland of 5% or more requires the landlord to include a written notice of your rights, including the fact they have to pay you the relocation assistance payment (assuming they are not exempt - but if they are, they are supposed to provide you their exemption letter from the Portland...
Q: Dad passed. Mom has Alzheimer’s and I’m her guardian and have a durable poa for her and executor of his original will.
Ben F Meek III's answer
You need to commence probate of the Will you have and seek to be appointed Executor. Once you're appointed executor, you'll have authority to collect your father's assets for distribution according to later court orders.
When you begin the probate proceeding, you will have to notify your brother, at which point he can tender his conflicting Will and request that it be admitted rather than yours. You may have a strong argument that he exerted undue influence over your father while he...
You need to commence probate of the Will you have and seek to be appointed Executor. Once you're appointed executor, you'll have authority to collect your father's assets for distribution according to later court orders.
When you begin the probate proceeding, you will have to notify your brother, at which point he can tender his conflicting Will and request that it be admitted rather than yours. You may have a strong argument that he exerted undue influence over your father while he...
Q: Purchase agreement expired tenants or buyers if buyers stays in the home with no lease buyer or tenant?
Gregory L Abbott's answer
Much depends upon exactly what the paperwork and/or the specific agreement says. Buyer may have a claim for unjust enrichment in equity if nothing else, or there may be some sort of breach of contract, etc. IF they were tenants, then there may be landlord liability claims as well (1 year statute of limitations). All in all, you simply need to take everything to a real estate or landlord-tenant attorney for a complete review and evaluation.
Much depends upon exactly what the paperwork and/or the specific agreement says. Buyer may have a claim for unjust enrichment in equity if nothing else, or there may be some sort of breach of contract, etc. IF they were tenants, then there may be landlord liability claims as well (1 year statute of limitations). All in all, you simply need to take everything to a real estate or landlord-tenant attorney for a complete review and evaluation.
Q: I'm an hourly full time employee. Can an employer change your 8 hour work day to a 12 hour work day without notice?
Mr. Michael O. Stevens' answer
Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.
The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers: https://www.oregon.gov/boli/TA/Pages/Predictive-Employee-Scheduling.aspx
Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.
The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers: https://www.oregon.gov/boli/TA/Pages/Predictive-Employee-Scheduling.aspx
Q: My landlord says I'm not allowed to have overnight guests for any reason, is this allowed in Oregon?
Gregory L Abbott's answer
Is it specified in your lease? Are you in shared quarters, such as renting only a room in a house? What is the landlord's reason? The answers may well affect whether the landlord can enforce this but generally I doubt a Judge would let a landlord enforce this, absent an objectively valid reason. If it becomes a problem, consider reviewing everything in detail with a landlord-tenant attorney.
Is it specified in your lease? Are you in shared quarters, such as renting only a room in a house? What is the landlord's reason? The answers may well affect whether the landlord can enforce this but generally I doubt a Judge would let a landlord enforce this, absent an objectively valid reason. If it becomes a problem, consider reviewing everything in detail with a landlord-tenant attorney.
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