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Oregon Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Year contract is up in June and landlord wants us to sign another year lease by Jan. Do we have a month to month option

We chose this rental house because the contract states that after a year of renting (up in June) we have the option to go month to month. This is ideal for our situation as we look to buy a home. The property manager is raising the rent $100 which is fine but is requiring us to sign and commit (by... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 12, 2018

It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: Circuit Court Contract and Torte

I recieved a summons from a debt collection lawyer for OR21.160(1)(a) Mandatory arbitration l. breach of contract 2. Account Stated 3. Quantum Merit

Can I file a motion to dismiss with prejudice including all of the questions answered? Summons said I need to file a "motion" or "answer"... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

It is unlikely that a motion to dismiss would be successful at this early stage unless you have incredible facts on your side. The proper thing to do is file an "answer" and start working through the court system. Failure to file an answer (or a motion to dismiss) can cause you to lose... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: How to go about sueing the lender of my home?

I bought a home about 3 years ago, the lender failed to put me on the deed. Every time the tax assessors send me a tax statement it shows a different owner. What is the title for me to sue under on this type of claim?

Vincent Gallo
Vincent Gallo answered on Nov 20, 2018

The lender does not put you on the deed, typically, the sellers’ attorney prepares a deed, the seller executes it and has it acknowledged, you are named as the grantee, and the deed gets recorded. Seemingly, someone is ill advising you.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Am I stuck with the woman I added to my rental contract, or can I refuse her renewal? She's trying to drive me crazy.

I'm also female. I wanted to save on rent so I placed an ad for a roommate. I added her to the 12-month lease when it was renewed in January. It was a form entitled: Addendum to rental agreement to add or remove resident(s).

Shortly after moving in she's made my life a living nightmare all... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 9, 2018

It is not clear to me what your status is - are you also the landlord? Or did you just recruit a roommate and now both of you are signers on the lease with your landlord? Who does she pay her rent to - you or your landlord? The answers make all the difference in what your rights are.... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Oregon on
Q: Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this

We have all cancelled checks showing part of money is rent ,additional is toward down pyt.. we never had any document notarized and we were not happy with part of agreement byt felt pressure because we had already been paying -w/o written agreement and we had no where else to move

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2018

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... Read more »

1 Answer | Asked in Contracts, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.

I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 15, 2018

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...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental year lease /agreement has wrong start and finish dates plus written over leters is it null and void

I'm trying to get out of said lease but having a difficult time doing so.

Thank you,

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2018

It depends - were the existing dates simply mis-entered or a "typo" in an otherwise mutually agreed lease term or are they accurate from one parties understanding and somehow agreed to in writing but a mistake according to the other party? I am unclear what you mean by "written over letters" or if... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
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?

I had asked them to change the move in date to a later date when they started writing up my lease contract. They kept the move in date the same date as the day I could view the apartment for the first time so I felt pressured to sign before the end of the day. I signed the lease at 11:50pm, went... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 9, 2018

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... Read more »

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Oregon on
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.

Lived in Portland OR when i got a call from a old boss basically begging me to come to Grant's Pass to help him with his business. He has a dispensary and a living quarters above it. He said I could live there for free while I work for him. I only agreed because I still have a lease in Portland I... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 8, 2018

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...
Read more »

1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Ex girlfriend is on my title of a 2012 Dodge Avenger. Ex left over a year ago of her own volition, Wont sign or release

Car was bought using my Veteran Service connected disability settlement. Ex Was A Girlfriend Not A Wife

Joanne Reisman
Joanne Reisman answered on Jun 20, 2018

Unmarried couples can still have a financial relationship that needs to be untangled with the help of the court. Unlike a marriage you are not at risk for being ordered to pay spousal support. You might need to contact a family law lawyer for assistance. You can file what is called a dissolution... Read more »

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for Oregon on
Q: If you agree to renew a lease after the current lease ends, are you legally bound to a new lease while under current one

It’s a student type apartment next to University of Oregon where the leasing office sends out email to commit to renew the lease for the next school year. While still under the current lease and you say you will come back after the current lease ends, are you legally bound under new lease to pay... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 20, 2018

It depends upon what you mean by "agreeing to renew the lease". Unless it is a month to month tenancy (and if it is, it can be terminated anytime by the tenant with 30 days prior written notice), any other form of residential lease in Oregon is only enforceable if it is in writing and signed by... Read more »

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 11, 2018

You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I sold my home and was in the process of moving out. The new owner changed the locks, am I liable for the debri removal?

I had an interested party for my appliances that where not included in the sale of my home. They where a mutual friend of all parties. When the new owner heard there was interest in the washer and dryer and fridge he changed the locks and is now trying to sue me for removal of debris in the garage.... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

If the new owner was the "new owner," and entitled to possession when he changed the locks, he has committed no wrong. The question is what does your sale agreement say about property which is left behind.

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: In a real estate purchase agreement, if the seller knowingly lies about an HOA's existence, what can the buyer do?

We are currently pending in a purchase agreement for a property in Beaverton, OR. The seller disclosed in both the seller disclosure document and RMLS that no HOA exists. However, this is not true. The title report shows that an HOA was established by the developer. The HOA has not been dissolved,... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

Title reports are issued so that a buyer can determine whether the condition of title is satisfactory, and gives the buyer a certain amount of time in which to object to the condition of title (including things like CC&R's which create an HOA). If everyone agrees that you can terminate the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Regarding Rental Agreements in State of Oregon. Two individual lease agreements for apartment and separate garage uni

We are moving this month. We submitted a 30 day notice for our apartment only with the plan of vacating by the 23rd of May. We are intending to keep our garage to the end of the month to help facilitate a less crazy move.

The garage is on it's own separate lease agreement with no... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2018

The only way to answer this is for an attorney to carefully review each lease. In general, each lease stands on it's own and thus you would be right in that one could be terminated without necessarilt terminating the other, but again, only a careful, complete review by an attorney is likely to be... Read more »

1 Answer | Asked in Contracts for Oregon on
Q: Seller signed accepted offer but did not sign included addendum.

Buyer submitted purchase agreement and attached septic addendum (stating seller pays for pumping, buyer pays for inspection). Offer to purchase references that this addendum is attached. Seller accepts and signs purchase agreement, Seller agent sends to me, buyer's agent, seller signed purchase... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 14, 2018

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... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Can I break a lease due to mold, moisture, and pest (moisture related) in the apartment unit in Portland, Or?

moved in September 2017, noticed sweating windows everyday, we are the ONLY apt with a dehumidifier added on by management (testing it out), wood floor have buckled due to moisture (management is not sure where it is coming from), mold on interior walls in bedrooms and living room, most recently... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 5, 2018

You need to talk to a lawyer that specializes in landlord tenant law. You might also want to talk to a lawyer that specializes in personal injury cases related to mold. Even if you haven't been injured yet a PI lawyer that does mold cases can connect you with companies that come and test for mold... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Roommates agreed to 3 months but left in the night after 1. They left trash and a trailer full of their stuff...

We did not have them on a lease but I have texts and emails showing they agreed to pay for 3 months. They left after a month in the middle of the night, leaving us to pay their half of the rent which we cannot afford. He also left a trailer full of his stuff on our private property and I assume he... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 11, 2018

It is not clear whether you are just a co-tenant/roommate or a landlord either leasing to them or subletting to them. Regardless, anything more than a month to month tenancy requires a written rental agreement, specifying the term of the lease, etc., signed by the tenant's sought to be bound to... Read more »

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Are settlements that are signed over email (pdf) legal documents?

I am settling a dispute with a company I used to work for because of bonus money that I was given but I broke my agreement to stay for 2 years. Now I am trying to settle for a lesser amount but the company is refusing to mail me a copy of the agreement and wants me to sign a pdf over email.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 6, 2018

Yes, they are. Federal e-sign makes it legal.

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: Want Out of a buyer broker agreement because he real estate agent wasn’t suitable . Company told us we have to pay 2500

At the bottom of the agreement it says all lines with arrow must be signed. The principal broker did not sign the agreement.

She gave us three options .

Work with another agent

Pay 1 percent of purchase price

Or make our new realtor pay them half her commission .... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 28, 2018

Most listing agreements have an expiration date. Can't you just wait until the agreement expires and hire someone else? Why would you owe them any money unless they brought you and offer that was at the agreed asking price? I would take the contract to a lawyer because no one is really going to... Read more »

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