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Oregon Questions & Answers
Q: do i have a right to purchase inherited property after working for housing only for 13 years,can they sell and evict me
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Employment Law and Real Estate Law
for
Oregon
on
Answered on Apr 22, 2018
Answered on Apr 22, 2018
Joanne Reisman's answer
You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and it sounds like it could be a bit pricey to pay for professional time to go through this log history.
You best option might be to consult with a landlord tenant lawyer and see if the eviction notice...
You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and it sounds like it could be a bit pricey to pay for professional time to go through this log history.
You best option might be to consult with a landlord tenant lawyer and see if the eviction notice...
Q: How do I choose an immigration attorney for my fiance, a professional Filipino lady with 1 minor of five children.
Carl Shusterman's answer
Immigration law is one of the most complex areas of law. Selecting the right immigration attorney can make the difference between obtaining a green card or being forced to leave the United States.
Before you visit the attorney’s website, google him to see what others have written about him or her, especially former clients and fellow immigration attorneys. Check other search engines and rating services. Has he written blogs posts or produced videos regarding the specific problem that...
Immigration law is one of the most complex areas of law. Selecting the right immigration attorney can make the difference between obtaining a green card or being forced to leave the United States.
Before you visit the attorney’s website, google him to see what others have written about him or her, especially former clients and fellow immigration attorneys. Check other search engines and rating services. Has he written blogs posts or produced videos regarding the specific problem that...
Q: Can sellers collect offers, require all to submit “your best offer” in writing and choose the best one?
Joanne Reisman's answer
This answer is made based on Oregon Law:
Technically a seller is offering to see at a specific price and you are correct that a buyer stating that they agree to buy at that price should technically be an acceptance and that makes a binding contract. But in real estate sales there are many more factors then just and offer and an acceptance concerning the sales price.
So let's say there are 5 offers for the asking price, but as is common each offer has additional contingencies....
This answer is made based on Oregon Law:
Technically a seller is offering to see at a specific price and you are correct that a buyer stating that they agree to buy at that price should technically be an acceptance and that makes a binding contract. But in real estate sales there are many more factors then just and offer and an acceptance concerning the sales price.
So let's say there are 5 offers for the asking price, but as is common each offer has additional contingencies....
Q: What does John Doe and Jane Doe NOT as tenants in common but rights of survivorship mean?
Joanne Reisman's answer
This answer is ONLY for real estate in Oregon - so if this is the title for real property in Oregon, this language means that when one owner dies, the other owner instantly becomes the owner of the property because they are the survivor. In contrast, tenants in common would mean that each owner owns a share of the property. If the percentage of ownership is not specified it will be presumed that the owners have equal shares. So two owners would each own 50% of the property unless a...
This answer is ONLY for real estate in Oregon - so if this is the title for real property in Oregon, this language means that when one owner dies, the other owner instantly becomes the owner of the property because they are the survivor. In contrast, tenants in common would mean that each owner owns a share of the property. If the percentage of ownership is not specified it will be presumed that the owners have equal shares. So two owners would each own 50% of the property unless a...
Q: Is the Star trek logo/insignia trademarked
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Oregon
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Mr. Michael O. Stevens' answer
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
Q: I bought a house in my name only after I remarried. Does my spouse have any claim to the house if we divorce? Oregon
Vincent J. Bernabei's answer
If the home was acquired during the marriage, there is a presumption that each spouse contributed equally to the home and the court will divide the home equity equally on divorce. If you can rebut the presumption and prove that your spouse did not contribute to the acquisition of the home, then the court may award you most or all of the equity. This depends on many different factors, such as whether one spouse made homemaker or sweat equity contributions. You should consult with an attorney...
If the home was acquired during the marriage, there is a presumption that each spouse contributed equally to the home and the court will divide the home equity equally on divorce. If you can rebut the presumption and prove that your spouse did not contribute to the acquisition of the home, then the court may award you most or all of the equity. This depends on many different factors, such as whether one spouse made homemaker or sweat equity contributions. You should consult with an attorney...
Q: I'm subleasing through my roommate- is it legal for him to withhold landlord contact information?
Gregory L Abbott's answer
Understand that IF you are subletting from your roommate, then he is indeed - for all purposes - your landlord and it really does not matter if the master landlord cares where you park the car. Do you have a written rental agreement with the roommate? You sound as if you are familiar with ORS 90.300 and the requirements for a landlord to be able to charge you for carpet cleaning. In your sort of situation, even IF the rental agreement provides for it (did he really have them professionally...
Understand that IF you are subletting from your roommate, then he is indeed - for all purposes - your landlord and it really does not matter if the master landlord cares where you park the car. Do you have a written rental agreement with the roommate? You sound as if you are familiar with ORS 90.300 and the requirements for a landlord to be able to charge you for carpet cleaning. In your sort of situation, even IF the rental agreement provides for it (did he really have them professionally...
Q: My friend filed for divorce 1 month ago, how much time does she have left to serve her spouse the papers?
Joanne Reisman's answer
This depends on the county where she filed. She can call the county courthouse and ask the. She normally would have 60 days before the court will start sending her notices stating that the case will be dismissed if she doesn't file proof of service or appear in the court asking for more time. But that can vary from county to county. All that will happen is that court will dismiss the case and she may have to pay the filing fee again to file again. She should probably just get the case...
This depends on the county where she filed. She can call the county courthouse and ask the. She normally would have 60 days before the court will start sending her notices stating that the case will be dismissed if she doesn't file proof of service or appear in the court asking for more time. But that can vary from county to county. All that will happen is that court will dismiss the case and she may have to pay the filing fee again to file again. She should probably just get the case...
Q: How long does a current tenant have to sign a new rental agreement? The tenant is existing in a house we just bought.
Gregory L Abbott's answer
Not to quibble, but there is a rental agreement with the existing tenant, it just may be an oral agreement instead of written. You are wise to institute a written agreement for numerous reasons. If the tenant is slow to comply, you simply give them written notice of their need to sign a lease. If they still do not, serve a 30 day for cause notice of termination. Do not accept 3 or more months rent without obtaining compliance or you may lose your right to. Questions? Review things with a...
Not to quibble, but there is a rental agreement with the existing tenant, it just may be an oral agreement instead of written. You are wise to institute a written agreement for numerous reasons. If the tenant is slow to comply, you simply give them written notice of their need to sign a lease. If they still do not, serve a 30 day for cause notice of termination. Do not accept 3 or more months rent without obtaining compliance or you may lose your right to. Questions? Review things with a...
Q: I am the legal custodial parent of my daughter, however I gave temporary guardianship of my daughter to her mother.
Joanne Reisman's answer
If this is a minor child, we would discuss who has custody. Guardianship is generally reserved for control over an adult or over someone that is not a biological child. Your use of guardianship interchangeably creates confusion as to whether your daughter is a minor or an adult.
Assuming your daughter is a minor child, then there is confusion as to what you mean by you gave temporary guardianship. Are you talking about a formal court proceeding that transferred custody of your...
If this is a minor child, we would discuss who has custody. Guardianship is generally reserved for control over an adult or over someone that is not a biological child. Your use of guardianship interchangeably creates confusion as to whether your daughter is a minor or an adult.
Assuming your daughter is a minor child, then there is confusion as to what you mean by you gave temporary guardianship. Are you talking about a formal court proceeding that transferred custody of your...
Q: I have a month to month tenant who keeps paying rent late. How can I evict without having to pay relocation fee?
Gregory L Abbott's answer
Your rental unit must be within the Portland city limits to be subject to having to pay relocation assistance, and then, only if you terminate their tenancy without legal cause. If rent is chronically late, consider serving the tenant with a 30 day for cause notice. If they are late paying rent again within 6 months, you serve them with a 10 day termination notice and evict if they do not vacate. Good luck.
Your rental unit must be within the Portland city limits to be subject to having to pay relocation assistance, and then, only if you terminate their tenancy without legal cause. If rent is chronically late, consider serving the tenant with a 30 day for cause notice. If they are late paying rent again within 6 months, you serve them with a 10 day termination notice and evict if they do not vacate. Good luck.
Q: I called out from work (never before) and was asked to provide doctor note. Am I entitled to co-pay reimbursement?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Oregon
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Mr. Michael O. Stevens' answer
Yes, they would have to pay for that cost:
" (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled." ORS 653.626
Yes, they would have to pay for that cost:
" (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled." ORS 653.626
Q: Seller signed accepted offer but did not sign included addendum.
Joanne Reisman's answer
You are not going to get this type of legal advice on an anonymous post on the internet. Hopefully you are a licensed realtor because you should not be acting as the "buyer's agent" unless you have a real estate license and malpractice insurance. If you want a licensed and insured Attorney to help you with this, then contact an attorney who specializes in real estate and make an appointment where the Attorney can review the relevant documents, get all the information in the case, and maybe...
You are not going to get this type of legal advice on an anonymous post on the internet. Hopefully you are a licensed realtor because you should not be acting as the "buyer's agent" unless you have a real estate license and malpractice insurance. If you want a licensed and insured Attorney to help you with this, then contact an attorney who specializes in real estate and make an appointment where the Attorney can review the relevant documents, get all the information in the case, and maybe...
Q: If I signed a promissory note to make payments for repairs, can I stop payments if the repairs haven't been made?
Gregory L Abbott's answer
There are no where near enough details here to be able to tell you anything. You need to simply meet with an attorney to go over everything in detail and let the attorney review your lease and the promissory note. Good luck.
There are no where near enough details here to be able to tell you anything. You need to simply meet with an attorney to go over everything in detail and let the attorney review your lease and the promissory note. Good luck.
Q: I got a 30 day no cause eviction..yet my LL went inside, through my things, changed the locks 9 days before it was up.
Gregory L Abbott's answer
The only way that would be lawful is if your landlord reasonably believed that you had moved out but left the property behind. If you think it likely that the landlord cannot prove that reasonable belief, you should review everything with a landlord-tenant attorney since you may well have monetary claims against the landlord which could include damages, court costs, and your attorney's fees. Good luck.
The only way that would be lawful is if your landlord reasonably believed that you had moved out but left the property behind. If you think it likely that the landlord cannot prove that reasonable belief, you should review everything with a landlord-tenant attorney since you may well have monetary claims against the landlord which could include damages, court costs, and your attorney's fees. Good luck.
Q: Can a 24 hour notice be for entry a week later or does entry have to occur within 24 hours? I'm confused on that detail
Gregory L Abbott's answer
A 24 Hr notice of intended entry must provide the tenant at least 24 hrs advanced notice, but can provide more. However, it also must be relatively specific and cannot just say essentially that "I'm coming in sometime in the next ten days...". It should specify the date and approximate time in order to be valid.
A 24 Hr notice of intended entry must provide the tenant at least 24 hrs advanced notice, but can provide more. However, it also must be relatively specific and cannot just say essentially that "I'm coming in sometime in the next ten days...". It should specify the date and approximate time in order to be valid.
Q: Does renters' insurance cover a person who inhale second-hand smoke from a neighbor?
Mr. Michael O. Stevens' answer
Renters insurance should cover a claim made against you for such, in that they should defend you. As to the merits f such a claim, I would posit it would likely not be a successful case.
Renters insurance should cover a claim made against you for such, in that they should defend you. As to the merits f such a claim, I would posit it would likely not be a successful case.
Q: My sons grandparents were granted custody of him because I was absent from the hearing. How do I get custody back
Joanne Reisman's answer
I can't imagine why you would miss a hearing about such an important issue as the custody of your son? There is really no excuse unless you were hospitalized and too sick or injured to attend. Your absence shouts loudly to the court that parenting your son is not a priority for you. So I hope you have some really good reason for your absence and saying that you had to work isn't a good reason. These hearings are scheduled with advanced notice so people can arrange to take time off of work...
I can't imagine why you would miss a hearing about such an important issue as the custody of your son? There is really no excuse unless you were hospitalized and too sick or injured to attend. Your absence shouts loudly to the court that parenting your son is not a priority for you. So I hope you have some really good reason for your absence and saying that you had to work isn't a good reason. These hearings are scheduled with advanced notice so people can arrange to take time off of work...
Q: I was harassed by my former landlady for asking to have a guest over in my basement apartment..I was later given a 30day
Gregory L Abbott's answer
Perhaps but I don't see what claims you would have based just on the facts posted. You may well have a defense if she Sue's you for the rent you say you don't owe and you may or may not have claims against her regarding your security deposit but that would require a careful review with a landlord-tenant attorney. Good luck.
Perhaps but I don't see what claims you would have based just on the facts posted. You may well have a defense if she Sue's you for the rent you say you don't owe and you may or may not have claims against her regarding your security deposit but that would require a careful review with a landlord-tenant attorney. Good luck.
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