Oregon Questions & Answers by Practice Area
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Oregon Questions & Answers
Q: Signed rental agreement in 2014 for month-to-month. Agrt provides a 30-day notice requirement. Is 30 sufficient or 60?
Gregory L Abbott's answer
As a general rule, particularly in residential landlord-tenant matters, Oregon law governs over the contents of a lease. If the tenant has resided there more than a year, at least 60 days notice is required to terminate their tenancy without cause - 90 days if the dwelling is within the Portland city limits.
As a general rule, particularly in residential landlord-tenant matters, Oregon law governs over the contents of a lease. If the tenant has resided there more than a year, at least 60 days notice is required to terminate their tenancy without cause - 90 days if the dwelling is within the Portland city limits.
Q: is firing for sending a personal text to a friend legal? Invasion of privacy? Nothing was posted publicly.
Mr. Michael O. Stevens' answer
Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.
Now, if you text was discussing work conditions with a co-worker, then you might have something since you are allowed to discuss conditions of employment with others.
Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.
Now, if you text was discussing work conditions with a co-worker, then you might have something since you are allowed to discuss conditions of employment with others.
Q: In OR, we have issued a 30 day no cause termination for tenants. Tenants keep asking why? Legally, can we answer?
Gregory L Abbott's answer
You are not obliged to provide a reason in a no-cause termination notice. You may, however, if you wish so long as the notice states: 1) the notice is given without stated cause; 2) the recipient of the notice does not have the right to cure the reason for the termination; and 3) the person giving the notice need not prove the reason for the termination in a court action. Removal of the smoke detector likely violates local fire codes and could subject you to a fine - as well as, of course,...
You are not obliged to provide a reason in a no-cause termination notice. You may, however, if you wish so long as the notice states: 1) the notice is given without stated cause; 2) the recipient of the notice does not have the right to cure the reason for the termination; and 3) the person giving the notice need not prove the reason for the termination in a court action. Removal of the smoke detector likely violates local fire codes and could subject you to a fine - as well as, of course,...
Q: Does a bank have the authority to sale my land and home while I'm incarcerated and not inform me ?
1 Answer
| Asked
in
Bankruptcy, Criminal Law and Federal Crimes
for
Oregon
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Timothy Denison's answer
You need to have an attorney look into this ASAP. There are many obstacles that must be satisfied, plus additional ones if you were in jail, to foreclose in property. If you were not notified, you may have a claim.
You need to have an attorney look into this ASAP. There are many obstacles that must be satisfied, plus additional ones if you were in jail, to foreclose in property. If you were not notified, you may have a claim.
Q: Back in 2013 in Oregon at the beach, my safe of marijuana was seized but was never tied back to me. Can I get it back?
Gary Kollin's answer
I think you are probably spinning your wheels for nothing. I doubt that the safe is still in their possession
I think you are probably spinning your wheels for nothing. I doubt that the safe is still in their possession
Q: Can I tow or remove a living trailer away from my property that has 10 lbs of marijuana stored inside? owner is in jail
Gregory L Abbott's answer
Possession of 10 lbs is likely to be illegal. Your safest bet is to simply report it to the police and go from there. They might even tow it off for you as evidence.
Possession of 10 lbs is likely to be illegal. Your safest bet is to simply report it to the police and go from there. They might even tow it off for you as evidence.
Q: Our landlord said we had to allow him to stay in our home to make repairs. After 19 days we asked him to leave.
Gregory L Abbott's answer
Not clear what you mean by he "evicted" you three days later but it sounds as if you may have a variety of potential claims against the landlord and possibly to any eviction lawsuit. Only way for you to really know much is for you to review everything in detail with a landlord-tenant attorney. Good luck.
Not clear what you mean by he "evicted" you three days later but it sounds as if you may have a variety of potential claims against the landlord and possibly to any eviction lawsuit. Only way for you to really know much is for you to review everything in detail with a landlord-tenant attorney. Good luck.
Q: Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this
1 Answer
| Asked
in
Civil Litigation, Contracts, Small Claims and Landlord - Tenant
for
Oregon
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Gregory L Abbott's answer
It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go has no legal relevance at all. If you did not have a gun put to your head and you signed a document anyway, you are likely to be bound by its terms, though there always some exceptions. Good luck.
It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go has no legal relevance at all. If you did not have a gun put to your head and you signed a document anyway, you are likely to be bound by its terms, though there always some exceptions. Good luck.
Q: How do we get our Rnt2Own deposit back from landlord if we cant buy home?
Gregory L Abbott's answer
I am not clear as to your fact pattern but normally your rights regarding any refund are specified in the written lease/buy agreement. When you say no lease in writing, that truly is concerning. If you have no written agreement specifying the terms of this supposed rent to own, you likely have no legally enforceable agreement at all. Whether you can recover any of the funds you paid in sounds problematic at best. Even if you get a court Judgment saying the "landlord" owes money to you, how...
I am not clear as to your fact pattern but normally your rights regarding any refund are specified in the written lease/buy agreement. When you say no lease in writing, that truly is concerning. If you have no written agreement specifying the terms of this supposed rent to own, you likely have no legally enforceable agreement at all. Whether you can recover any of the funds you paid in sounds problematic at best. Even if you get a court Judgment saying the "landlord" owes money to you, how...
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.
1 Answer
| Asked
in
Contracts, Business Law, Landlord - Tenant and Small Claims
for
Oregon
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Mr. Michael O. Stevens' answer
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and see if your landlord has violated any terms you can use as leverage to get out of the lease.
Lastly, just remember that this is a commercial lease, so the landlord-tenant laws do not apply.
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and see if your landlord has violated any terms you can use as leverage to get out of the lease.
Lastly, just remember that this is a commercial lease, so the landlord-tenant laws do not apply.
Q: Raised rent for old renters, they leave. Newer renters has lower rent. Is this a problem for me.
Gregory L Abbott's answer
Not unless they can show you raised the rent on them for an impermissible reason - discrimination, etc. A landlord can charge whatever amount of rent they wish in Oregon (including more than a 10% raise in rent - it just may trigger a relocation assistance payment if in City of Portland). If you raised rent in good faith; can show you tried to re-rent at the higher amount but had to lower it to get a tenant, you likely are fine.
Not unless they can show you raised the rent on them for an impermissible reason - discrimination, etc. A landlord can charge whatever amount of rent they wish in Oregon (including more than a 10% raise in rent - it just may trigger a relocation assistance payment if in City of Portland). If you raised rent in good faith; can show you tried to re-rent at the higher amount but had to lower it to get a tenant, you likely are fine.
Q: Does the renter have the right to tell me when the gardener can come to mow and blow the lawn?
Gregory L Abbott's answer
It depends in part what your lease says. Absent provisions in it, you have to provide at least 24 hrs advanced notice each time you or your agent (i.e. gardener) want to access areas where the tenant has a right to exclude. The tenant then has the right to refuse you entry so long as they do not do so unreasonably. Ultimately it would be up to a Judge to decide whether this would be reasonable but my guess is a Judge would say, knowing your tenant's hours, it would not be unreasonable for...
It depends in part what your lease says. Absent provisions in it, you have to provide at least 24 hrs advanced notice each time you or your agent (i.e. gardener) want to access areas where the tenant has a right to exclude. The tenant then has the right to refuse you entry so long as they do not do so unreasonably. Ultimately it would be up to a Judge to decide whether this would be reasonable but my guess is a Judge would say, knowing your tenant's hours, it would not be unreasonable for...
Q: Do I have to continue renting to the current roommates, if one of the roommates decide to leave?
Gregory L Abbott's answer
If all are on the same lease, and one leaves, that terminates the tenancies of all. Regardless, you have no obligation to renew the lease even if they all wanted to stay. If the rental is within the Portland city limits, and all wanted to stay, if you refused to renew it might trigger an obligation to pay relocation assistance but not if different parties to a new lease. Just be sure to comply with whatever notice provisions may be in your lease; don't sign a new lease; don't accept any rent...
If all are on the same lease, and one leaves, that terminates the tenancies of all. Regardless, you have no obligation to renew the lease even if they all wanted to stay. If the rental is within the Portland city limits, and all wanted to stay, if you refused to renew it might trigger an obligation to pay relocation assistance but not if different parties to a new lease. Just be sure to comply with whatever notice provisions may be in your lease; don't sign a new lease; don't accept any rent...
Q: So I got into a disagreement at a sporting event that resulted in a physical fight
Mr. Michael O. Stevens' answer
You can always sue, but as an attorney, I would not want to take that sort of case to trial. The fact that you question whose fault it was based on you starting the argument is exactly what the jury would struggle with. My best guess is that even if you win, the jury would award like a $1.
You can always sue, but as an attorney, I would not want to take that sort of case to trial. The fact that you question whose fault it was based on you starting the argument is exactly what the jury would struggle with. My best guess is that even if you win, the jury would award like a $1.
Q: I have guardianship of my granddaughter do we have to go to court over court ordered guardenship.
Joanne Reisman's answer
It isn't clear how what your question is? Why do you say you have guardianship but then discuss going to court over a court ordered guardianship? You really need to post this question again and explain more specifically what is going on.
It isn't clear how what your question is? Why do you say you have guardianship but then discuss going to court over a court ordered guardianship? You really need to post this question again and explain more specifically what is going on.
Q: My son's prescribed dog bit someone and now I have an eviction notice. Can they evict me for a first time offence?
Gregory L Abbott's answer
Assuming the landlord follows the correct technical procedures (serves a legally compliant 24 hour notice (or longer) and serves it properly, absolutely they can terminate your tenancy and evict if/when (in reality, no one actually gets out within 24 hours) you fail to vacate. As long as you are out by the time of the first court appearance, and you show up at the appearance, the case should be dismissed so you won't have an eviction on your rental record. While your current or future...
Assuming the landlord follows the correct technical procedures (serves a legally compliant 24 hour notice (or longer) and serves it properly, absolutely they can terminate your tenancy and evict if/when (in reality, no one actually gets out within 24 hours) you fail to vacate. As long as you are out by the time of the first court appearance, and you show up at the appearance, the case should be dismissed so you won't have an eviction on your rental record. While your current or future...
Q: Steps to vacate a default judgement in Multnomah County Oregon if the plaintiff used void contract as basis of claim?
2 Answers
| Asked
in
Consumer Law, Contracts, Collections and Landlord - Tenant
for
Oregon
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Mr. Michael O. Stevens' answer
As a general proposition, you have six months to vacate a default judgment.
As a general proposition, you have six months to vacate a default judgment.
Q: Should I renew DACA?
Osarumwense Iyamu's answer
It's in your best interest to renew your DACA since there is no guarantee as to the outcome of your green card application or how much time it would take to complete the adjudication of your green card application. Also, bear in mind that even with the best intentions there are no guarantees in marriage. Protect yourself and keep your DACA until you have the green card in your hands. Goodluck!
It's in your best interest to renew your DACA since there is no guarantee as to the outcome of your green card application or how much time it would take to complete the adjudication of your green card application. Also, bear in mind that even with the best intentions there are no guarantees in marriage. Protect yourself and keep your DACA until you have the green card in your hands. Goodluck!
Q: Can my ex's parenting time be revoked if he continues to forget to get our kid from school on time? This is 2x / 4 wks
Jessica Larsen's answer
It depends. If a consequence for forgetting the child is imposed in your parenting plan, that is enforceable. However, if the parenting plan does not provide a consequence, you cannot deny your ex his parenting time without consequence to yourself. Your only options in this matter are to file a motion to enforce the parenting agreement, which could result in an order requiring your ex to pick up the child for parenting time, or you can file a motion to modify parenting time, which could result...
It depends. If a consequence for forgetting the child is imposed in your parenting plan, that is enforceable. However, if the parenting plan does not provide a consequence, you cannot deny your ex his parenting time without consequence to yourself. Your only options in this matter are to file a motion to enforce the parenting agreement, which could result in an order requiring your ex to pick up the child for parenting time, or you can file a motion to modify parenting time, which could result...
Q: Can a judge grant an immidate danger order against the sole custody parent without any evidence. personal oopinion
M. Nicole Clooten's answer
Testimony in itself is evidence, and because of the quick-set nature of immediate danger hearings, that is often the only evidence. Were you at the initial appearance, and if so, did you present testimony there? If so, the court does not have to set a hearing for objection. If not, the court is required to set a hearing if you have properly requested one. When confronted with this situation, I normally show up at the initial appearance to get information, but reserve putting on evidence...
Testimony in itself is evidence, and because of the quick-set nature of immediate danger hearings, that is often the only evidence. Were you at the initial appearance, and if so, did you present testimony there? If so, the court does not have to set a hearing for objection. If not, the court is required to set a hearing if you have properly requested one. When confronted with this situation, I normally show up at the initial appearance to get information, but reserve putting on evidence...
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