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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oregon on
Q: we signed a 1yr lease agreement and we needed to move out of the country.are we required to pay the whole lease term?
Joanne Reisman
Joanne Reisman answered on Jan 23, 2020

Maybe. You need to read what the lease says in terms of what happens if you need to break the lease. Also pay attention as there may be a provision that allows your landlord to get Attorney's fees. Generally speaking an injured party has a duty to mitigate their damages so for a lease that means... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Oregon on
Q: The lien is not on the deeds it's on the owner's name that attaches to his assets who owned multiple real properties

The owner is deceased and his probate is a limited judgment the PR can't sell or transfer the titles without court approval. There are co-owners on one title that can't sell their interest due to this limited judgment on one probate co-owner. The probate refuses to dismiss the co-owners need relief... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 18, 2020

Sounds like you should hire someone to help you with that.

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1 Answer | Asked in Real Estate Law for Oregon on
Q: The IRS refuses to answer or repond to this case. Can they be made to appear and show cause for the lien amount & origin
Joanne Reisman
Joanne Reisman answered on Jan 17, 2020

This is really a tax question. I would seek advice from a Tax Attorney. Assuming the tax lien is recorded in the real estate records you can pull a copy of the lien from the recorders office and see what it says.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: I have a house on my dads property over 20 yrs..he died and my sister is executor..she is hurrying to sale .i need help

Am I expected to just walk away from my house and 5 acres with barn and shop to split with my sister? She wont talk and just wants to hurry and sell the property so she and her husband can move to another state...I even offered to pay off the minor debts left from my dad..and when I chose to live... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

It is not possible to give individualized advice without reviewing all of your individual facts and circumstances. However if your dad died without a will it is entirely possible that the house Is supposed to be distributed to you and your sister in equal shares. Most likely your best option to... Read 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... Read 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 pay her... Read 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 them to notify... Read 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... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: In Oregon, the personal representative did not transfer the title to property, and the estate has closed. What can I do?

My little sister was the personal representative of my late parents estate. She did an alright job I guess, but one thing she forgot to do was to transfer the title to my name for my parents house and land that it sits on. Probate has since closed and I am not able to afford the tranfer and would... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 27, 2019

Actually if the final Judgment in the Probate adequately described the house and awarded it to you then you have all the legal documentation you need to sell the house. By adequate, the final judgment would need to reference the legal description of the property. This is something an Attorney can... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: We purchased a house in OR and found the prior owner had an open work permit that was not disclosed. Is this illegal?

The permit was for electrical work and there have been some issues with our power company and a temporary meter as well as some questionable work in the house. Do we have recourse for solving these issues as the open permit was not disclosed in the sale? What if the house was sold as-is? Shouldn't... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 23, 2019

An open work permit may just mean that all the work was done but there hasn't been a final inspection. I suggest you call the city and find out exactly what is left to be done. Generally speaking minor issues are not grounds to sue anyone.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Q: My brother hired a probate lawyer to handle my mother's estate. There is no will. I don't trust him.

Can he take the money and run. Should I hire a lawyer too?

Theressa Hollis
Theressa Hollis answered on Nov 18, 2019

Yes, you should consider hiring an experienced probate attorney to review all paperwork so that you can be sure that your brother is handling the estate properly. You should explain your concerns with your attorney. It is possible that your brother should not be appointed as Personal... Read more »

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing my... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the mortgage. You... Read more »

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1 Answer | Asked in Real Estate Law for Oregon on
Q: I hold papers for land I sold in Oregon and the buyer stopped making regular payments. What recourse do I have?

Would like to know when I can file to reclaim. Have heard that it takes three months of non-payment, but also have heard that if payments resume before the reclaim is granted then it all goes back to the origional agreement and the missed payments are just added until payment is complete.

Joanne Reisman
Joanne Reisman answered on Nov 9, 2019

You are going to need to run this by a lawyer and show them the paperwork you have for this sale. There are different procedures depending on whether you structured the sale as a land sales contract, a trust deed, or a traditional mortgage. Whether the buyer can cut you off by making late payments... Read 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 Real Estate Law and Landlord - Tenant for Oregon on
Q: If u are kick out of a shard houseing can they change the locks n keep your personal property

They told the police when i called that they were keeping it tell i payed

Gregory L Abbott
Gregory L Abbott answered on Oct 20, 2019

I am not clear what you mean by "shared housing" - roommates? common areas with multiple separate tenants? Regardless, if someone is trying to hold your personal residential property "hostage" to recover rent or other similar charges they allege you owe, that is not lawful and likely gives you... Read more »

2 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: In OR unmarried couples that live as married have rights dividing assests and real property like married people
Joanne Reisman
Joanne Reisman answered on Oct 15, 2019

An unmarried couple breaking up and file a dissolution of a domestic partnership. There is a major difference in this type of proceeding from a divorce. Oregon Law renders a presumption that married people share everything equally. There is no such presumption for an unmarried couple. Rather it... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Dealing with black mold property manager several times. since the owner has switched property managers 2x.
Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2019

Since you ask no question, there is nothing to respond to.

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 ends, or if... Read 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... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: Mom's house was sold 5 months agowe been waiting for some news from executor of the will my brother we have not heard
Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

The court file is public information. You can look at it any time you wish and even make copies (though most courts charge a fee for copies). If you need help interpreting what you are seeing in the file, or if you are concerned that the executor is not performing his or her duties properly, do... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: Is it legal for 3 seperate dwellings to share an address and single family mailbox, or for 2 to share a gas meter?

I rent what used to be the garage of the main dwelling at my address. The gas company considers it the "shop" address, but its a 2 br house. There is also a shop behind my house that has been converted into a one bedroom bungalo. Three seperate dwellings but one mailbox, intended for a single... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2019

Given that a landlord is not legally required to provide any mailbox, you likely have no claim regarding sharing it. If you prefer, simply get a P.O. Box or private mailbox at one of the many places offering such options. The gas meter may be a different deal however. It depends upon what your... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: My dad died a few years ago and his estate went to his new wife. Now she is dead. My sister is executor and she is dead.

Im next in line house is in calif. What do i do?

Thank you

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Hire a California probate attorney to help you petition the court to appoint you as executor.

I am licensed in AK, AZ, CA, CO, OR and TN

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: How do I make the landlord stop harassing me?

I have a 1 year lease and a legally binding upkeep agreement. The landlord has already recorded the condition of the apartment, but wishes to continually inspect it and record its condition during the term of the 1 year lease, except the agreement I signed does not provide for it. I feel... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 21, 2019

Posting the question again doesn't change the answer, even if you do not like it. Your lease does not have to provide for it - by law ORS 90.322 grants the landlord access throughout your tenancy and specifies the limitations on that access. Just because you promised to maintain the dwelling -... Read more »

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