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Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My tenant on mtm lease gave 30 day notice to end the lease end of March. It is now April, she is still there.

Tenant has been on month-to-month lease and gave appropriate 30 day notice in beginning of March to end lease at the end of March. She did not inform me that she intended to stay past April 1st, but has not left the home as of April 7th. She will not reply to any correspondence (email, call, text).... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 8, 2020

There is little you can do until the Covid 19 crisis is declared to be over. The courts are essentially closed, at least until April 30 and the Governor has suspended most landlord-tenant actions until June 20th. After that whether you can enforce termination notices that occurred during the... Read more »

3 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 8, 2020

Because that is how it works until you settle with the insurer for the at-fault party. That insurer has no obligation to pay you anything until you settle or take them to court. This is why PIP exists, so you can get medical care and lost income while you wait to be able to settle with the other... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: A friend moved in with for a few months and moved out . But want come and get her things. What can I do to move it out?

She was only supposed to be here for a few months to save her money to get her an apartment. She moved 3weeks ago and refused to came and get her thing. We had no legal agreement in just one friend helping another friend out. Now refuses to move any of her things out she told me I have to keep... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 8, 2020

You don't say if you were her "landlord" or if both of you had a third person who was your landlord. Either way, you likely can declare her property abandoned and follow the procedures specified in ORS 90.425. Essentially you have to mail her a letter notifying her you consider the property... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: During the moratorium on evictions what if the eviction is no cause? How will those be handled after the moratorium?

We were served a no cause 30 day within the first year notice. We are requested to vacate by 11:59 on 5/4/2020. I don't think there is a way to enforce it until after the moratorium - correct? At that point what happens? If rent is accepted does that negate the notice?

Gregory L Abbott
Gregory L Abbott answered on Apr 7, 2020

It depends upon when you were served (or perhaps when the Notice was issued) a No Cause Termination of Tenancy Notice and possibly where you are located in the State of Oregon. Any such Notice issued on April 1, 2020 or later is unenforceable; unlawful; and technically may be a misdemeanor. No... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: is it true in Oregon, after 3 years an eviction cannot be held against you?

I do not want to apply for an apartment and pay 3 app costs if the wrong information was given to me.

Gregory L Abbott
Gregory L Abbott answered on Apr 7, 2020

No - it is 5 years State wide. Within the City of Portland boundaries, as of March 1, 2020 the City "recommends" a three year look back period be used but does not require it, though if more than 3 years is used, a landlord now has more hoops to jump through before legally being able to deny your... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am currently going through a divorce, and have a restraining order filed on me since November for false accusations.

We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault,... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 6, 2020

You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What can I legally do to get back in my residence?

Between September 2018- April 2020 I lived with my now ex partner in her apartment and I was never put on the lease. I paid half of the rent and half of all the bills for this whole time. Two weeks ago she decides she doesn't want me to live there anymore and changes the locks without giving me a... Read more »

Katherine Goodman
Katherine Goodman answered on Apr 6, 2020

To give you a satisfactory answer it is important to know who you paid your rent to. Did you pay your rent to your ex-partner or did you pay your rent to the landlord?

You should talk to a local landlord-tenant to discuss your options and determine if you have a case.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: My nephew is still married but doesn't live in the house anymore because his wife was beating him up. He did not call p

He has not charged her. Now she is keeping the kids from him. There is no custody order and he believes the kids are not in a safe place. If he gets visitation, does he have to return them?

Joanne Reisman
Joanne Reisman answered on Apr 5, 2020

An Attorney cannot practice law by proxy. This is your nephew's issue and he needs to be the one to contact an Attorney for advice. Often people in frustrating situations will tell friends and relatives a very biased version of the facts because they are seeking sympathy and validation, not legal... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can we evict tenant during this covid-19 no eviction order, if eviction has nothing to do with lack of rent.

My cousin is living on my grandmother's property for free, despite not getting the ok to do so. My grandmother has dementia and he made her think he lived down the road and only needed to shower every once in awhile, but would sneak onto her property and stay in an abandoned trailer on the property... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 4, 2020

There are many potential issues here. First, if Grandma owns the property, only Grandma or her appointed agent has the authority to have someone removed. If she has dementia, that could be a problem in court unless someone else has her POA or is a guardian or conservator for her. The next... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can anyone demand payment for anything from me if I have a living estate.

The next of kin whom recieves the property upon my death is demanding payment from me for my kids living here

Joanne Reisman
Joanne Reisman answered on Apr 4, 2020

First of all I have never heard of a living estate. Maybe you mean a revocable living trust? If that's what you mean putting you property into your own revocable living trust doesn't make your property unavailable to your creditors, least of all your obligation to pay child support. But child... Read more »

3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke detectors, and... Read more »

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

That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... Read more »

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1 Answer | Asked in Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we perform is... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. This article explains where to report a suspected violation:... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: As a buyer can I be sued by a seller (in bankruptcy and already has court approval to sell home) if I breech contract?

Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... Read more »

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1 Answer | Asked in Small Claims for Oregon on
Q: Do I have to pay for the satisfaction of judgement paperwork to be notarized for the person who sued me?

I was involved in a small claims court case. There was a judgement filed against me. After 2 years I finally had the money to send them in full with interest. I sent them a cashiers check, along with a prestamped envelope to send back to me so I could deliver it to the court. They mailed it back to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 31, 2020

Really? You want to fight over the cost of a notary? The Covid-19 situation may impede the processing of the Satisfaction of Judgment but it is the creditor's obligation to file the satisfaction with the court. You should just stay out of it, beyond demanding that they file the document of... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have moved out, but I’m still paying rent through my lease. Landlord allowed someone to stay in my room. Break lease?

I live in a house in Oregon, paying rent through the end of my lease. I’ve moved out but still have a few belongings in the room, and I’m still paying rent. Landlord allowed someone else to stay in my room, I have a picture of their bed in my room I’m paying rent for. The lease states I am... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 30, 2020

That would seem to be a landlord's acceptance of your surrender of the premises - and that would terminate any further obligations you have under your rental agreement. If you have already moved out anyway, you cannot be evicted so the only thing the landlord could do is try to collect from you,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate continues to bring his girlfriend over to our house even though she has stolen from us. What can I do?

We've kicked her out before but she continues to come into our house. When we tell her to leave she directly ignores us and he continues to bring her here without our permission. She stole a gold necklace from our bathroom and caught her wearing it but we have no physical proof just what we've... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 30, 2020

This isn't a family law problem. This is in the ball park of a landlord tenant or contract issue. You can't control who your roommate invites over. You can report the theft to the police if you think there is sufficient proof that the police will be able to pursue the complaint. You can move... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What can i do if non custodial parent won't return child at end of court agreed upon visitation time in oregon.

Police have gone with me but she refused to open door so they told me it is a civil matter.

Joanne Reisman
Joanne Reisman answered on Mar 27, 2020

This is typical of the police but sometimes they are much more helpful if you have a certified copy of the Judgment and parenting plan which leaves no doubt that you are entitled to have the child at that point. There can still be a problem if it isn't clear that you get the child at that time.... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Oregon on
Q: I was in a accident.I recieved an reward letter for $100, 590.64 my policy is for a $100,000 who is gets the $590.64.
Jennie Lynn Clark
Jennie Lynn Clark answered on Mar 26, 2020

To answer this question, further questions need to be asked. State law could affect the answer. If I had to guess, you have personal injury protection, PIP. In addition to policy limits, there is usually 10-15k of PIP depending on whether you live in Oregon or Washington or whatever state you... Read more »

1 Answer | Asked in Probate for Oregon on
Q: If a divorce decree relinquishes rights to property does that person have rights if former spouse didn't file quitclaim?

mom divorced dad, dad gave money to mom for her part of property. Never filed quitclaim as far as i can tell. This was in Oregon.

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

Not sure which parent you are asking on behalf of. But the parent you are concerned for needs to be the one to investigate this issue. First, they need to read the Divorce Decree and see exactly what it says. If it identifies the property by stating the legal description and clearly identifies... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can my ex file for custody after i have had sole custody for 2yrs?

He wants me to change custody because his work wont let him leave if the kids had medical issues like hospital. So he said he has to have some part of custody for him not to be fired if something happened and he needed to leave work. I have had sole custody for 2 yrs which he agreed and he gets to... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

Extremely unlikely. A change of custody requires proof of a SUBSTANTIAL change of circumstances. Honestly I have never heard of an employer saying that in order to attend to a sick child and not lose one's job one has to have custody. I would suggest that you and he contact BOLI, Oregon's... Read more »

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