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Oregon Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Tax Law for Oregon on
Q: Is a cash for keys buyout of my lease taxable income? If so is it regular income or capital gains income?

We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... View More

Andrew M Steiger
Andrew M Steiger
answered on Jan 31, 2020

It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Two different leases for one house and three roommates?

My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 15, 2020

Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Fixed Term yearly rental agreement notice. Inside of 30 days...shouldn't I have received notice of increase by now?

Can they still increase if I renew? Usually, I get at least a 60 day notice with what they call an "offer" to renew...and always at an increase. If they increase by 7 to 10 percent, I might want to move, but without notice that doesn't give much time. Does the new Oregon law require... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2020

First, although you do not say, I am assuming you are referring to residential landlord-tenant in Oregon. If so, then one needs to carefully read your existing lease to determine what it says about termination and/or any form of renewal. That said, you are correct that you likely are entitled to... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: I have an eviction that starts tonite but I have proof now that I owe my home not my trustee or trust.

what can i do now. Fraud has been committed by my half-brother the trustee, I need help asap please

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 4, 2019

You need to start calling around for attorney's ASAP, as attorney's here cannot contact you (please don't contact me, I can't help you). Use the find a lawyer link above and find someone who does landlord/tenant or perhaps trusts and estates.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Do apartment managers NOT have to disclose the lease-length of known, quiet neighbors? I'm trying to avoid future noise.

I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 11, 2019

Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to... View More

3 Answers | Asked in Criminal Law, Contracts and Business Law for Oregon on
Q: Is this a civil or criminal issue?

I was working with a guy on his business. I created a website for him and I was working on a crowdfunding campaign for him. I guess I didn't complete the project fast enough for him and now he is saying he is gonna press charges on me for fraud and theft and contacted a lawyer. Is this a civil... View More

Gary Kollin
Gary Kollin
answered on Sep 24, 2019

Generally, fraud in a commercial matter only occurs when the prosecution can prove that you never intended to do the work or had a history of not performing work

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2 Answers | Asked in Contracts for Oregon on
Q: a Statutory Bargain and Sale Agreement includes this sentence: "Members of the XXXX families and their heirs shall be

entitled to use the recreation facilities.."

Is this legal under Oregon Law to extend those rights forever ?

Daniel DiCicco
Daniel DiCicco
answered on Sep 16, 2019

Probably unenforceable due to the Rule Against Perpetuities but it’s very rare for that to come up outside of the estates and trusts arena. Would need to look deeper to know for sure.

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1 Answer | Asked in Contracts for Oregon on
Q: I purchased an occupied duplex. current rents are low. am I still obligated to SB608 even though will be a new agreement

I feel a government that sets standard for rent increases should also set minimum rents. perhaps a sq ft price for each county. Maybe they did?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 28, 2019

What is your legal question?

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Environmental for Oregon on
Q: I am a land owner in mult co. Having some major logging done. Company is grossly unprofessional. I need legal advice!

I live in multnomah county in Corbett. The logging outfit has all but quit, with a huge mess, not fixing the driveway or regraveled, and still many trees left to cut down and haul to the lumbermill! I have 12.75 acres and this is a huge undertaking! I have bills to pay and trees to replant. With... View More

Joanne Reisman
Joanne Reisman
answered on Jul 25, 2019

You will have to consult an Attorney because I would expect you signed some type of contract or paperwork and part of the answer to your question is figuring out what your rights or liabilities are under the contract. Sometimes you need to take formal steps like have an Attorney write a letter to... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Oregon on
Q: My 12 month lease expires in less than 30 days. How much notice is required for them to raise the rent?

My 12 month lease expires in less than 30 days and the property management company has not given us a new lease to sign yet. I emailed them a week ago and they are going to try to contact the property owner. I got the impression they might have forgotten about us. How much notice are they required... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma.

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2 Answers | Asked in Contracts and Landlord - Tenant for Oregon on
Q: I was told I would get a refund of money paid for cleaning and repair. It has been more than 30 days, no money returned.

I have phoned the Lynnwood, WA office and given a number to call in Texas. The number is either not aswered or there was no return to messages left at the Texas number or the Lynnwood number when I called to see if there was a different number. What should I do next? Thanks

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 1, 2019

Let it go. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

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1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Oregon on
Q: What are my right for my rental agreement living in Oregon?

I have lived at my place almost a year. My lease ends in August. My landlord plans to sell the place. She hasn’t given official notice. Legally she needs to give 30 days notice. What rights do I have or benefits can I receive if she doesn’t give 30 days notice?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 20, 2019

Most lawyers do not like to answer this kind of "what if" question because there are unknown facts involved and because there are too many possibilities that could happen--depending on the unknown facts.

1 Answer | Asked in Contracts and Constitutional Law for Oregon on
Q: Can the Subcontractor present a contract for the General Contractor to sign? Haven't seen any such contracts online.

I can only find Subcontractor Agreements online not a single General Contract agreement that the Subcontractor is presenting to the General. Does such a contract not exist? What protections can the Subcontractor have against the General Contractor?

Daniel DiCicco
Daniel DiCicco
answered on May 30, 2019

You can feel free to make any contract you want. By and large there are no rules about what you can or can’t write down and agree to in a contract.

A lawyer can draft a simple contract for $500 or so in most cases.

2 Answers | Asked in Employment Law, Contracts and Business Law for Oregon on
Q: My employer is requiring that I work in the future following my two weeks.

I work at a low end, fast food restaurant. It is a chain, but owned and operated independently. I put my two weeks in, but the owners are telling me along with other workers who have done the same that (even after our two weeks are completed and we are technically no longer employed) we will still... View More

Daniel DiCicco
Daniel DiCicco
answered on May 26, 2019

Allow me to answer with a technical response: “lol.”

Slavery has been out-lawed for some time now, and no one can force you to work. What are they going to do - fire you? You already quit. If you’re worried about future references then maybe that will be a problem in the future, but...
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1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: We just received notice that our rent will be increased in 30 days, more than the 10.3% allowed. 7% + inflation.

Do they need give us 90 days or 30? We are currently on month to month.

Gregory L Abbott
Gregory L Abbott
answered on May 6, 2019

IF you are not on a week to week tenancy, nor a tenant in a mobile or floating home facility, then yes, your rent cannot be raised during the first 12 months of your occupancy and thereafter only with at least 90 days prior written notice and not more than the statutory amount (currently approx.... View More

1 Answer | Asked in Business Law and Contracts for Oregon on
Q: Simple JV agreement? or not.

Good morning,

I think this is a simpler question(s). Do you know if there is an easy way to write an agreement (what type of agreement) between an LLC and a private investor for a potential 1x project? The investor(s) assume the risk of loosing all their cash investment in return for a... View More

Daniel DiCicco
Daniel DiCicco
answered on Apr 4, 2019

I don't think you have a simple option. Let's put it like this - when a real possibility exists that an investor's entire investment can evaporate, and then that eventuality comes to pass - people get mad. They start thinking of where things went wrong and while they may have seemed... View More

2 Answers | Asked in Contracts and Business Law for Oregon on
Q: What contract should I use for a group of individuals and LLC's together, investing in a 1 time Joint Venture project?

We have a 1 time high risk project in Oregon with multiple individuals investing. Should we I use a "contractual joint venture agreement" or a "partnership agreement" or something else? Their are 8 individual people, 2 LLC's & a "Family Trust". Of which, 7 of... View More

Daniel DiCicco
Daniel DiCicco
answered on Apr 1, 2019

You absolutely need to involve an attorney in this process and get a custom contract together. There is no off-the-shelf solution to this kind of arrangement. The greater the risk and the more complicated the arrangement, the more you will need a custom solution for your legal infrastructure.... View More

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1 Answer | Asked in Contracts for Oregon on
Q: I entered into a contract with Verizon for 2 years for a landline. I never could get the phone to work for over a year.

I called Verizon on 4 separate times, I had a cell phone I had cancelled service on, but I still had the landline. When I talked to their Reps, they ALL told me I did not have an account, they could not schedule service to my landline when I did not have an account. I finally gave up and went to... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Unless you paid for the landline all during the time the alleged contract was in effect you have no damages--and hence no grounds for complaint. If you ignore them, like they have ignored you, they will disconnect the landline that does not work anyway. Save all this information about the lengthy... View More

1 Answer | Asked in Consumer Law, Contracts and Education Law for Oregon on
Q: Can I ignore a state university that is trying to fine me if they do not have my SSN or address?

I considered attending a state university and then never followed through. I had made an email in their system and got no further. They later contacted me via this email and said that I owed them $5,700 for a room and board that I never reserved. They only have this email and my name and they do... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

If they know your name they can easily find out everything else they need to sue you; and they might, do that because of the large amount involved. Accordingly, I do not advise you to start ignoring them now. Your decision to appeal the fine has already pushed them far enough to continue with the... View More

2 Answers | Asked in Contracts and Real Estate Law for Oregon on
Q: Do we legally have to deal with an individual whose name is not included in the offer to purchase our property?

I feel as though we are now part of the potential buyer's personal drama and it is very unsettling. The individual in question is apparently the legal spouse of the person who made the offer. The individual who made the offer was pre-approved for a home loan in his name only. Must we... View More

Daniel DiCicco
Daniel DiCicco
answered on Mar 30, 2019

Just go through your agent and don’t deal with them directly. You only have to allow them an inspection once under a typical contract. Refer all inquiries to your agent and you’ll be good. If you are not represented then only deal with their agent.

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