Oregon Questions & Answers

Q: Can the landlord force the tenant to pay rent after their move-out date so that they can inspect the property?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 11, 2017

It depends upon your exact situation. It sounds as if you were breaking a fixed-term lease. If so, you either owe a lease break fee as specified in the written lease or you would continue to owe rent until a new tenant assumes liability to pay rent, as long as the landlord makes reasonable efforts to re-rent the dwelling (and a week is more than reasonable in most Judge's minds I believe). If this instead was a month to month tenancy, then you owe rent through the end of when you actually...
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Q: I send my rent check autopay thru my bank on the 1st of each month, can I be charged late fee's for the mail being late?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Dec 11, 2017

While it may depend upon what your lease says, the general rule is that the landlord has to have received it no later than the 4th day of the month (assuming it is officially due on the 1st) and can charge a late fee as of the 5th day if the lease otherwise provides for it. It is not their fault if the mail is delayed and while it is not your fault either, you are the one that elects to use that method of delivery and thus you are the one that has to accept the risks of loss or untimely...
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Q: What is the best way to prove that a property owner was aware of a hazard that caused me as a guest to get injured on

1 Answer | Asked in Personal Injury for Oregon on
Answered on Dec 11, 2017

Prior incidents, or witnesses that were told by the landowner of the condition.
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Q: I live in oregon and was wondering Can my husband who Im currently separated from and in the process of filing

2 Answers | Asked in Divorce for Oregon on
Answered on Dec 10, 2017

Court will weigh and review the evidence so relied upon in defense or against you by your ex and decide the matter on merit. In each and every custody matter welfare and interests of kids are of prime importance.
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Q: I signed my daughters birth certificate & pay child support, what right do I have in Oregon. She is being kept from me

2 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Dec 10, 2017

Unfortunately the legal process to establish parenting time is often separate from the process that establishes child support. That is because the State has a federal mandate to pursue and collect child support any time someone requests any type of state assistance or even if the just ask the State to establish child support. As getting child support established is a free service that people get from the State, nothing more will happen unless you initiate it. Fortunately Oregon has free...
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Q: Can a landlord force a move out date and a release of claims into a request for reasonable accomidation?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 9, 2017

The only way to know if you have a potentially viable case is to review it in detail with a landlord-tenant attorney, going through everything systematically. Good luck.
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Q: If we have made partial payment of rent, can they landlord still win an eviction (72hour) in court?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Dec 9, 2017

You are unlikely to be able to postpone the trial. Extra days for mailing are not required if it was both posted and mailed (written lease provides for that?). If partial or all rent paid and not refunded within 10 days you might well have a winning argument but you would be best off having an attorney represent you. IF it appears you do have a solid winning argument, it is possible that a local landlord-tenant might represent you on a contingency whereby you wouldn't owe anything for the...
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Q: Performance issue and voluntary demotion offer, which was later denied. Do I have any legal recourse?

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 7, 2017

Unfortunately, it dos not sound like it. If the issues were related to you being in a protected class, that would be a different story, but you make no mention of the issues being related to that.
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Q: After I fill out the papers for the small claims judgement and money award along with the motion for default judgment

1 Answer | Asked in Small Claims for Oregon on
Answered on Dec 7, 2017

You need to take the documents to the same clerks with whom you filed the original Summons and Complaint, as long as at least a full 14 days have past since the defendant(s) were served (be sure a proof of service has been filed with the court). The court clerk will likely check all the paperwork and then you should get a Judgment entered in your favor. After the Judgment is officially entered and of record, you are free to start formal collection efforts. Good luck.
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Q: i'm on section 8 housing does the landlord have a right to do a separate inspection then HUD does each year?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 6, 2017

As long as the landlord provides at least 24 hours advanced actual notice of their intention to enter, and it is for a reasonable reason and not so frequently as to harass the tenant, certainly. HUD inspects to be sure the dwelling meets basic, minimum standards before they are willing to pay their share of the rent. A landlord has much broader interests in inspecting to determine the need for maintenance, general living conditions, etc. It is through these separate inspections that a...
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Q: What is the legal process to evict tenants if the signed tenant & landlord lease agreement has expired?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 6, 2017

It could depend upon what the lease itself says about what happens upon expiration if it was a fixed term lease, or perhaps it was a month to month tenancy agreement? Regardless, while I would need to read the lease to be sure, most likely everything simply converted (if it was not already) to a month to month tenancy and you simply need to terminate the tenant's tenancy the same as you would any month to month tenant. How depends upon why you are terminating it - for cause or without cause....
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Q: My wife just received a writ of garnishment for her bank accounts. Should we avoid using those accounts till bankruptcy?

1 Answer | Asked in Banking and Bankruptcy for Oregon on
Answered on Dec 6, 2017

A marshal is able to reach any asset (i.e., bank account) that has your wife's name on it (even if it's a joint account).

Information provided for informational purposes only and should not be taken as legal advice.
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Q: Does a landlord have to give notice before coming onto your property for instance fenced in yard or private area

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Answered on Dec 6, 2017

Usually yes, but if your lease has some sort of landscape maintenance provision that allows them to for that purpose, then they would not if that is why they are there.
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Q: Can a lawyer reduce your total debt from 15,000 to 10,000 to make it eligible for small claims?

1 Answer | Asked in Small Claims for Oregon on
Answered on Dec 5, 2017

You wonder if someone can legally REDUCE your bill and charge you LESS? Of course they can. If you owed $15K, you certainly owed at least $10K. Once sued upon for the $10K, however, they may well have trouble trying to sue you for the additional $5K in the future. Essentially they knocked 1/3 off your bill and then proceeded to sue upon it. Or perhaps they were not confident that a Judge would award all $15K and wanted to go forward only on what they considered "solid"...there can a...
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Q: I have received a total of 5 notices to enter in the past two months. It feels a bit excessive. What are my rights?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 4, 2017

A landlord has the right to enter to do repairs and to inspect but not the right to enter so frequently as to harass the tenant or interfere with their right to quiet enjoyment of their tenancy. So ultimately this would be a judgment call and while admittedly it may be approaching the impermissible stage, I suspect a Judge would find it lawful given that 4 of the 5 times were to do repairs (something a landlord is legally required to do - and cannot do normally without entering) and an...
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Q: Can a landlord restrict what day a tenant can give notice?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 4, 2017

Absolutely not - a tenant can give written notice any day they wish and rent must be pro-rated on a daily basis when the tenancy terminates, regardless of what a lease says. Tell daughter to date, sign, and serve her notice, keeping a copy and noting the date/time she hands it to the landlord. She may want to follow it up with mailing a copy of the notice to the landlord as well. If so, be sure to mail it regular first class mail, NOT certified. if she has problems, she should consider...
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Q: When and how do I contact my renter about nonpayment of rent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Dec 4, 2017

You can informally talk to the tenants anytime to see what is going on. That said, if you want to enforce things, you can serve a 72 hour notice anytime after rent is a full 7 days late. There are specific requirements as to what information must be included in the 72 hr. notice, and it must be legally served on the tenant (in person; by first class mail (not certified!), adding 3 days extra time for the mailing; or, if your written lease provides for it, by posting it on the main entrance...
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Q: We have a rental which we have a two year rental agreement with tenant. We need to sell rental but there is still 10 mo

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 3, 2017

You are free to sell and buyer just becomes new landlord for the balance of the lease-term.
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Q: If I was awarded a 150,000 settlement to which I was 25% at fault and have 25% attorney fees. What is the payable amount

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Answered on Dec 2, 2017

Hard to say, as you may have your terminology confused. If you settled for $150k, then you settled for that amount which reflects any discount (or should). If you got a jury verdict for $150k, with a 25% reduction then the award is $112,500, and your attorney would take 25% of that, which is $28,125.
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Q: Is it legal to move a child across the country without the other parents consent if there's no custody order in place?

3 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Dec 1, 2017

I don't blame you for keeping the costs down. But you have to understand that we can only provide you general guidance and answer free simple questions on here. Everyone needs to make money, and custody cases are expensive and require the right experience and expertise. You have already retained an attorney and he needs to take appropriate actions.

You were being in general in your question summary. If the other parent has taken the child out of the district or where the child was...
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