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Oregon Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Oregon on

Q: If a previous property owner planted hedges on a neighbor's property, as a new owner am I responsible for removing them?

I am set to close on a house, and was shown a letter wherein the neighbor is threatening me with legal action if I don't remove hedges that were planted on her property 10+ years ago. I do not even own the property yet, so don't see how I would ever be responsible for encroaching hedges on her... Read more »

Joanne Reisman answered on Sep 11, 2019

If you haven't closed on the property show the letter to the seller and let them deal with it.

1 Answer | Asked in Family Law and Real Estate Law for Oregon on

Q: Ex is currently leasing marital home from me. Can I force her to just sell the house?

Initialy had the home sold, she would not agree to sale. She wanted two years to rebuild her credit and buy me out. She signed a lease, she has been late on paying the mortgage the last two months. I would like to just sell the home and finally go our separate ways on this. Can I force her to... Read more »

Joanne Reisman answered on Sep 9, 2019

The answer really depends on what your divorce judgment said with respect to the house. If you weren't married then maybe you need to resolve this with a dissolution of a domestic partnership proceeding.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Can I be given an 72 hour notice for non payment if there was no payment agreement

I live at my aunts property in a mother in law house there is no rental agreement and we have no verbal agreement to pay rent she said she will be giving me a 72 hour notice for non payment can she do that or does she have to give me a 30/60 day notice

Gregory L Abbott answered on Sep 3, 2019

Have you ever paid her any rent? If not, she will likely have a very difficult time trying to have a court evict you. Further, a 72 hr notice must specify exactly how much rent you owe - and how does she determine that if there is no agreement on the topic? You don't say how long you have been... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Are landlords required to give 30/69day notice

I live in Oregon I’ve lived at my aunts house in a mother in law apartment attactched to the shop I’ve lived here for 2.5 years no rental agreement she texted me saying I needed to move out is she required to give me a 30/60+ day notice even without a rental agreement ? Also is her text message... Read more »

Gregory L Abbott answered on Aug 31, 2019

It depends upon how precise you are being. IF you truly mean that there is no rental agreement and you don't pay rent but are essentially a guest being asked to leave, no notice to you is required but she would need to ask the court to eject you - and that process can take several months once filed... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on

Q: Renting a room in Oregon, current landlord is about to lose ownership of the house. What happens to me?

I have a one year lease. I moved in 8 months ago. I pay 400 a month for 1 room in the house. Landlord had some kind of high risk loan set up and if he misses one payment the house reverts back to the previous owner (at least thats how the landlord explained it)

Gregory L Abbott answered on Jul 31, 2019

IF you have a term lease with the current owner, any new owner is normally obligated to honor that lease agreement. They may or may not have to re-new the lease when it expires, but the room is likely to be yours until the lease expires. Whether you or the new owner wish to share the rest of the... Read more »

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... Read more »

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... Read more »

1 Answer | Asked in Real Estate Law, Business Law and Civil Rights for Oregon on

Q: Can a plaintiff in a civil lawsuit transfer the suit to someone else?

If someone buys a property and later you find out that an issue was not disclosed. You file a lawsuit and then you decide to sell the property in dispute. Can you transfer the lawsuit to the new buyer? Can you add their name to the suit and remove yourself?

Daniel DiCicco answered on Jul 24, 2019

Short answer: you can do this. Long answer: it’s complicated to do this and how to go about it it all depends on what’s going on.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: What are the lawyer / filing fee's for filing an eviction notice

I live in linn county Oregon, was told my LPD to get my 38 yr son out of my house I have to have him evicted. Now I need to know what to expect this to cost me.

Gregory L Abbott answered on Jul 22, 2019

It all depends upon what you end up needing to do and how much time it requires. If he will simply voluntarily leave, it shouldn't cost you anything. If not, it first depends upon whether there is a landlord-tenant relationship between you. If so, then you are correct and you would need to... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on

Q: So does this mean I don’t have to gove my land lord 30 days notice

Joanne Reisman answered on Jul 12, 2019

This sounds like an incomplete landlord tenant question. Please re-post this under landlord tenant law and state more information so the responding lawyers know what the question is about.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: My next door bought home I am renting. I have 1 more year here. They want my backyard & garage. What are my rights?

I don't mind them taking garage as its unusable mold infested. They will own the property in 5 days and want the backyard for more outdoor space for their 6 and 3 yr old boys. I allowed them to take down the fence a few days ago as it was their son's 6th birthday party. I do have a 3 yr old lab and... Read more »

Gregory L Abbott answered on Jun 24, 2019

Much may depend upon what your lease says - IF you rented the backyard and garage (which you normally would have), they are yours and they have no right to intrude or use either without your express permission. Presumably if you are agreeable, and they want to regularly use them, your rent needs... Read more »

1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Oregon on

Q: I live in Oregon in my divorce I got the house my ex still has not taken his name off the house .

The county wont allow me to take his name off the homeowner tax stuff. My ex refuses to take his name off. Can I use him to get his name off or do I have to suffer until the house is paid off?

Joanne Reisman answered on Jun 8, 2019

You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain... Read more »

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on

Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family

Joanne Reisman answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Oregon on

Q: My landlord said his RV he's renting me is illegal. I believe laws are being broken with illegal thing, power sewer&more

The RV septic connected to the other RV septic that connects to the main house. It fills up and sewer runs under the RV below. I never see a power meter man come read my meter and he chooses to charge me anything over 50 bucks used. How does he know how much I should pay just by looking at my... Read more »

Gregory L Abbott answered on May 31, 2019

You may well have claims against your landlord but you will need to review it all with a local landlord-tenant attorney to know for sure and exactly what. The obvious solution, however, is for you to simply move - something you are likely going to have to do before long anyway if your set up truly... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Is it legal 4 a landlord to enter unit in Oregon if they've given the tenant notice about a repair but we denied access

We have already let management know that I have been a victim of a home invasion and that we didn't want them entering unless we answered the front door and we put notice on our front door saying they do not have permission to enter unless we open the door and they came in anyway. This is the 3rd... Read more »

Gregory L Abbott answered on May 30, 2019

It may depend upon exactly what the facts are - IF you submitted a repair request without also specifying the hours or terms under which they could enter, then a landlord has 7 days to enter without notice to conduct the repair. Otherwise, you are correct - you are free to decline entry to a... Read more »

1 Answer | Asked in Real Estate Law for Oregon on

Q: Rented my house to a guy, he sublet out to others. The original renter moved out, how much notice must I give to evict?

My original renter lived in the house for about 3 years. He sublet to many others (currently 3 others live there) who have lived in the house for varying amounts of time. The original renter, who we had a lease with, moved out last month. People have come and gone and we don't know them well nor do... Read more »

Joanne Reisman answered on May 26, 2019

You need to repost this under landlord tenant law. This is a landlord tenant law issue. I would highly recommend that you hire a lawyer who regularly handles eviction cases to do the evictions for you. You can get hit with a judgment for the renter's Attorney's Fees if you make a mistake.

1 Answer | Asked in Real Estate Law for Oregon on

Q: Can Real Estate agents continue to show a home under contract but prior to closing?

Joanne Reisman answered on May 22, 2019

Yes, but only to get a back up offer that the seller can consider if the sale doesn't close.

1 Answer | Asked in Real Estate Law for Oregon on

Q: My son had a property that was his sole property he became ill and quit claimed it to our family trust.his ex wife says

It’s a fraudulent transfer . That was not our intent we were simply trying to protect ourselves in makin real estate rental decisions on his behalf. Is that considered fraud just because we are his parents. He owes the wife support as well as attorney fees but the transfer does not stop them... Read more »

Joanne Reisman answered on May 22, 2019

You are going to need to make an appointment with an Attorney and explain the details of what is going on. This just has too many details to be a simply question you can get answered posting on a web page. Also don't continue to post on the internet as there is no privacy. You need to talk to an... Read more »

1 Answer | Asked in Real Estate Law for Oregon on

Q: We had a 6month lease that ended last month. Now the landlord increased rent by 100.00$ is this legal?

We haven’t been asked to renew the lease. Also we received the ren increase poste on our door. Not through the mail. Rent was 1600 now 1700

Joanne Reisman answered on Apr 27, 2019

This is a landlord tenant question so please repost it under the topic of landlord tenant law.

1 Answer | Asked in Real Estate Law for Oregon on

Q: selling my home, want to terminate renters, now on month to month term. Do they get 1 or 2 months notice.

I made a new rental agreement in Jan. 2019 . Would that be considered a new rental agreement?

(renters started renting in ( April 2018 last year )

Joanne Reisman answered on Apr 24, 2019

You need to post this as a landlord tenant question as it involves landlord tenant law.

1 Answer | Asked in Real Estate Law for Oregon on

Q: How can I legally live in a tiny home on raw land clatstop county, Oregon?

Looking at buying a property zoned residential/ agricultural. I dont want to build a large home but instead want to place a 700 sq ft home on the land.

Joanne Reisman answered on Apr 15, 2019

This is more of a land use and zoning issue. I have changed the category for you. This is not my area of expertise but I can tell you that you need to investigate all laws that would apply. Oregon's Land use Laws, Oregon Building Codes, Building Codes, zoning and land use laws for Clatsop County... Read more »

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