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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a tenant break a commercial lease?

I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Karn Thapar
Karn Thapar
answered on Oct 18, 2023

I second Theressa's analysis. It really depends on how the property is titled and that information can be found in the deed recorded with the county.

I will also add that the ownership in the deed supersedes anything listed in the will. As such, if the property is in fact listed as...
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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Theressa Hollis
Theressa Hollis
answered on Oct 17, 2023

The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More

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2 Answers | Asked in Real Estate Law for Oregon on
Q: Is it really a law that a realtor can ask me to send my DL or Passport to them over the internet.
Jim Boness
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answered on Oct 10, 2023

There is no Oregon law that requires you to provide any particular information over the internet for a real estate transaction. There are no civil or criminal sanctions for refusing this request. The request may be the realtors preferred practice, but you are not obligated to comply with the... View More

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1 Answer | Asked in Real Estate Law for Oregon on
Q: : i have lived in my fiance in what I was told an was his \are home for 4 y know his mom has moved in says we have to go
John Michael Frick
John Michael Frick
answered on Oct 4, 2023

It’s pretty simple to check deed records to see who owns a home.

If your name is on the deed, it’s your home and you do not have to go even if someone else’s name is on the deed too.

If your fiancé’s mom’s name is on the deed, it’s her home and if she says you have to...
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1 Answer | Asked in Real Estate Law for Oregon on
Q: I own a house in Keizer, Oregon. Both of our names are on the deed. He is having heart problems and might die if the by-

He might die. We don't have an Erickson Agreement. Can he sign something and send it to me so the house will be safely in my name in the case of his death? Please give me a wording for Right of Survivorship.

T. Augustus Claus
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answered on Sep 28, 2023

In Oregon, if you want to ensure that the house automatically passes to you upon the other owner's death, you can add a "Right of Survivorship" provision to your deed. The wording to create a joint tenancy with right of survivorship is generally along the lines of: "This... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
Theressa Hollis
Theressa Hollis
answered on Aug 22, 2023

No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.

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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
Karn Thapar
Karn Thapar
answered on Aug 22, 2023

Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More

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1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can someone enter into a contract regarding certain activities being done on my property without my knowledge.

I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... View More

James L. Arrasmith
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answered on May 24, 2023

In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I'm a landlord. I own four rental units on single property. Tenant in one unit here since Jan 1 2023.

Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Apr 3, 2023

You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... View More

2 Answers | Asked in Real Estate Law, Constitutional Law and Legal Malpractice for Oregon on
Q: Someone please tell me how it's not illegal for the courts to order a homeowner to give their home to a land owner?

I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... View More

TeAnna Rice
TeAnna Rice
answered on Mar 20, 2023

In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.

To answer your...
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1 Answer | Asked in Real Estate Law for Oregon on
Q: How do I vest a title for a "gift" house to my daughter to ensure her spouse has no claim to it in the case of divorce?

The house is in Oregon. My husband and I own the house outright. My daughter's family has lived in it for nearly 2 years as renters. We see the house as our daughter's inheritance, she's just getting it before we die. We want to ensure it remains her house even if she and her... View More

Anthony M. Avery
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answered on Feb 9, 2023

A Future Interests Deed from you all to your Daughter for Life, then Remainder over to the named Grandchildren as Tenants In Common would be a possibility. Many other conveyances might also work well. Hire a competent UT attorney to draft, execute and record it. Tax consequences should also be... View More

2 Answers | Asked in Real Estate Law, Civil Rights, Internet Law and Social Security for Oregon on
Q: Can u look up my name Jason Chandler beals 43 Oregon and find all my assets from insurance and etc all states please I'v

Been victim of identity theft

James L. Arrasmith
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answered on Feb 24, 2024

Here is some general advice if you believe you have been a victim of identity theft:

- Contact the major credit bureaus (Experian, Equifax, TransUnion) to place fraud alerts on your credit reports. This will make it harder for someone to open new accounts in your name.

- Review your...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: If there is more than one person on the title of a house, can one kick someone out that the other wants to stay?

I supplied a lump sum of money to put down on a house and asked my children to provide the loan, as I am disabled and do not qualify for a loan. They agreed and we all live in the home together. Myself and my children are all on the title together, but I am not on the loan with them. One of my... View More

Anthony M. Avery
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answered on Feb 13, 2024

If you have an estate as a tenant in common, then all TICs have the same rights of possession. You cannot be legally ousted by the other TICs. If they physically remove you, then you might have them arrested for a crime, and sue them for rent.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Can a person that had power of attorney have control after death?( without filing paperwork for executor of estate)
Gregory L Abbott
Gregory L Abbott
answered on Dec 25, 2023

Yes, if separately given. A Power of Attorney expires the moment the person it is for expires. It automatically terminates at the moment of death.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I paid a 1200.00 deposit. Gave 30 day notice I was leaving. I cleaned everything. I have pictures and I receive 100.00

Also landlord sent me a letter stating I left things ɓehind. I have witnesses. How should I dispute this.

Gregory L Abbott
Gregory L Abbott
answered on Dec 13, 2023

If you dispute the amount taken from your deposit, you are free to sue the landlord for twice the amount wrongfully withheld

You can do this in small claims court if it totals less than $10,000 or in regular circuit court for any amount though you likely want an attorney for that.

1 Answer | Asked in Real Estate Law for Oregon on
Q: how important is it for the realitor to disclose information such as property tax laws to a senior citizen and easments

I bought a property in Toledo OR last March and a water line broke, I understand that it is my responsibility to fix the damage because the water meter is on my property. It is located across the street on a hill. I was not told by escrow or my realitor that I actually owned the road in front of... View More

Theressa Hollis
Theressa Hollis
answered on Jun 7, 2023

Despite the fact that you are a senior this isn't actually an elder law question. You may do better posting this in the topic of real estate. As far as I know the realtor had no duty to warn you that your property taxes were likely to increase in the future. You would have been able to see... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Native American Law and Probate for Oregon on
Q: Is there a statue of limitations on Indian land trust in Oregon? If i have living will that bequeath as me as the heir

I am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes.

James L. Arrasmith
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answered on May 5, 2023

I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.

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