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Oregon Real Estate Law Questions & Answers
2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it legal for a person to evict somebody off land that they don't own? As if they were a tenant
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 4, 2017

Potentially. Property owners use agents such as property managers all of the time and vest in those people the power to evict.

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1 Answer | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Oregon on
Q: I bought a home and did mold remediation in the attic - Found out later it was due to no soffit vents. Was that legal?

My question is regarding building code (for the most part).

Purchased an adult foster care home. Home inspection showed mold in attic, but seller refused to fix. During remediation, found out the mold was due to no soffit vents added to the 2003 construction - also no bathroom exhaust... View More

Joanne Reisman
Joanne Reisman
answered on Sep 29, 2017

Your best solution is to get bids to fix the problems. Adding soffits and vent fans is not extremely expensive. Oregon has statutes of limitation which prevent lawsuits after certain time periods and while there are many different time periods the statute of ultimate repose, which is the end all... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: What is your recourse if a lien holder refuses to respond/acknowledge a request to release a satisfied lien?

Almost 20 years ago, I purchased a property from my parents. The balance owed was declared satisfied by my father but he passed before either of us had time or interest (he was very sick before he passed) to formally release the lien. Now, my mother refuses to release the lien--and--largely--will... View More

Joanne Reisman
Joanne Reisman
answered on Sep 19, 2017

You could file an action in the court for a declaratory judgment that declares that the obligation is paid in full or you can pay her the lien amount when the property sells. A lien holder can't prevent a sale if the amount of their lien is being tendered to them. You may have to file in... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I would like to know if I can reside in the apartment during the 30 days notice. The landlord said no. Thank you.

I asked the landlord to fix the exposed live electrical wires after my dog was electrocuted. There are numerous spots where wires are just sticking out of the ground after the street light fell to the ground. This is for a period of over two years. There where numerous other issues like dining area... View More

Joanne Reisman
Joanne Reisman
answered on Sep 15, 2017

This is a landlord tenant law question, not a general real estate law question. Try reposting it as a landlord tenant question. Or better yet, just make an appointment to talk to a landlord tenant lawyer. Just from your brief summary I suspect that the landlord has violated Oregon Landlord... View More

2 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Oregon on
Q: MIL hit me while pregnant and holding baby and was arrested with no contact. Her BF is trying to evict us now

We are staying with my MIL & her BF since we just moved back to Oregon & paying him rent.My MIL forgot my daughter at the bus stop & left my son unattended while she went to look for the bus.I came home from work & told her i didn't want to talk about it right now & she got... View More

Joanne Reisman
Joanne Reisman
answered on Sep 15, 2017

If you neither own the property nor are the primary person on the lease, the person who has the right to occupy the property, the boyfriend who rented the place, can decide who can live there. As long as he gives you proper notice under the landlord tenant law, you may just have to move. I... View More

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1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Oregon on
Q: Is it possible to draw up a rental agreement/lease that forfeits squatter's rights / bypass the wait time to evict?
Gregory L Abbott
Gregory L Abbott
answered on Sep 3, 2017

No, you would still need to go through all the statutory requirements, obtain a court Order, etc. Any provisions to the contrary in a lease or other agreement would simply be unenforceable at best and possibily render the landlord liable for damages if he/she knowingly put unlawful provisions in... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: My sister owns 1/4 of a house and I own 3/4. We use it on a time share basis, am I legally able to rent out my time?

I live in Oregon. She has three months and I have nine. Also am I legally able to make repairs to the house?

Joanne Reisman
Joanne Reisman
answered on Aug 29, 2017

This is not the type of question that an attorney would feel comfortable answering based on a little bit of information given over the internet from an anonymous source. You really need to make an appointment to talk to an attorney and explain the circumstances surrounding how you and your... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Oregon on
Q: What are my rights if any as an accidental squatter of 7 years in Oregon?

My family and I have lived in the same residence for 7 years with a friend. Our friend died 3 months ago. He had a will but it was stolen by his son. He is not initiating probate. Our friend had a mortgage on the house with OCWEN. A title company said the house was foreclosed on in 2015 in a... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 18, 2017

The first thing to find out is whether the house really was foreclosed and to confirm the current owner. You may want to approach the current owner and inquire about renting/renting to own/buying the home if you are interested. The danger, of course, is you will be calling their attention to the... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Oregon on
Q: Oregon civil complaint to quiet title, when can an amended complaint be refined by plaintiffs? If filed a motion already

Chronological order of filings first is the complaint second my motion to dismiss third their response to my motion to dismiss fourth their amended complaint filed. Can they do this with no requests for leave of court to file?

Joanne Reisman
Joanne Reisman
answered on Aug 13, 2017

Hire an attorney who knows the laws of civil procedure. If you are on the internet asking these type of questions you need professional help. And no, no Attorney can answer this by reading only your description. An attorney is going to want to review all the pleadings and talk to you. You... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Criminal Law and Landlord - Tenant for Oregon on
Q: A property owner hires a tow company but keeps this a secret from the tenants for the tow company . Is coercion ?

Secret made between company's for the purpose of monitory gain try deceit

Joanne Reisman
Joanne Reisman
answered on Aug 13, 2017

Have no clue what exactly is going on here from your rather sparse description. Please go and consult with an attorney and discuss all the details in a private office conference. You might want to call the Oregon State Bar for a name on their Lawyer Referral List and you will get a short... View More

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Oregon on
Q: Can someone sell a house after they lied to the other owner to get their name off and didn't follow the stipulations

We have lived here over 22 years my mother tricked my dad to get his name off which was support to be in us three kids names which in turn she just put it on her name only now wants to sell it. Leaving us with nothing is this legal

Joanne Reisman
Joanne Reisman
answered on Aug 13, 2017

You are going to have to make an appointment to talk to an attorney and go over all the details in that consultation. What you have written doesn't give enough information for an attorney to assess the legal issues and this forum is not meant to be a consultation with an attorney, there is no... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: We entered into a lease purchase agreement. Two weeks after we moved in our Realtor called and told us there were leins.

Over one million dollars in leins on the property. He's refusing to return our $25,000 and moving cost. What are our options?

Joanne Reisman
Joanne Reisman
answered on Aug 12, 2017

First of all - you should always to a title report before entering into any contract to buy real estate whether it is straight out, on contract, or lease with an option to buy. You may have messed up by not taking these steps. But if you haven't run a title report yet, call a title company... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a rental agency allow cosigners but only if you "almost" reach the minimum income amount?

Apparently they allow you a cosigner if you make almost enough but don't allow a cosigner if you dont make their "almost" mark. Can they pick when to allow a cosigner like that or is it they either accept cosigners or they don't kind of a situation?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 11, 2017

Yes, they can pick and choose. The likely reason is that if you almost make it, then you are more likely to not get behind on your rent. But, if you are further down, then odds are higher they have to go to the co-signer, which is not exactly guaranteed to get them their money.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a property manager of a mobile home park buy a home pay the park rent & then rent the mobile home out for a profit

The manager bought the home to rent out for more $ than what he is charged in rent at a property he manages .Is this a conflict of interest or ethical

Ben F Meek III
Ben F Meek III
answered on Jul 30, 2017

Subleasing a property in which one is a tenant is ok as long as the landlord permits it. If the principal lease agreement forbids it without prior approval of the landlord, the tenant risks being declared in default under his lease terms, if the landlord doesn't like it, (subject to any notice... View More

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2 Answers | Asked in Family Law, Intellectual Property and Real Estate Law for Oregon on
Q: 2 questions.. is it legal to take a loan on property without both owners consent?

not only did my grandmas sister switch her name and take it off the property and add her daughter in place of her, without my grandma present and her notarized signature, changing ownership of half the property without the other halfs approval is illegal mal practice right?

and the first... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 27, 2017

If a lender is foolish enough to make a loan to only one of two owners of the property, it is ok. Your great aunt committed forgery and fraud if she signed your grandmother's name to a deed without your grandmother's consent or knowledge. If there is a lien against only one party's... View More

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1 Answer | Asked in Real Estate Law for Oregon on
Q: I listed my house on the condition that I have suitable replacement well that didn't get put in the sale docs...

Now the deal for the house I was trying to buy has fallen apart, am I still required to sell and have no place to go?

Joanne Reisman
Joanne Reisman
answered on Jul 21, 2017

Whether you are legally bound to finish the sale of your house may depend on what exactly you put on the escrow agreement as a condition of sale when you accepted the buyer's offer. You are saying that your wished to have a condition that would stop the sale if your other sale didn't got... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can a property manager give permission for subletting without the owners permission

Subletting property manager without owners knowledge

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 21, 2017

I am assuming the real question is if there is a valid sublease, and the answer is likely yes. Assuming the property manager has apparent or actual authority to the sublet tenant, then it would be valid. Now, the owner could certainly go after the property manager if they did not want the sublet,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have been living in my home since 1/1/16 rent always paid in full on time. No contract issues at all.

On 6/26/17 I received a 60day no Cause notice. My question is. My moving fees included last months rent. I paid rent on July 1st for july so my last month will be Aug 26th. IF I move before the final date, for instance august 1st. Am I entitled to get refunded the rent for the days not lived in the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2017

If you had given 30 days notice yourself to be out by 8/1, then yes.

You might negotiate with the landlord though and see if they will let you out sooner for a refund of the rent, as they might want to get you out sooner to be able to get to work on preparing it for the next tenant.

1 Answer | Asked in Real Estate Law for Oregon on
Q: What are the regulations surrounding resending an agreement due to non-performance on the sale of the home

The home is located in Vancouver, and it has become obvious to us that our agent is not doing much at all to help us sell the home. We are seriously considering changing agents to get the ball rolling on the sale, which was precipitated by a move out of state within a matter of weeks. Q

Joanne Reisman
Joanne Reisman
answered on Jul 18, 2017

Not really clear as to what is going on here. I am guessing you signed a listing agreement with a real estate agent. Also this in in Vancouver so Washington Law would apply, which I can't help you with Washington law specifically since I only practice law in Oregon. But generally speaking,... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
Q: In 2008, I bought a lot with a retaining wall built into an easement. That wall is failing. Can I fix / replace it?

In 1985, two adjoining lots were purchased within a new subdivision in the Town of Oregon, Wisconsin. The lots have a significant grade. The original owner built a house on the downslope lot. The back of the house faces the adjoining lot line, ranging in distance from 12 feet (near corner) to 20... View More

Joanne Reisman
Joanne Reisman
answered on Jul 5, 2017

You posted this question to Oregon Lawyers as in the State of Oregon. Try posting it again so it gets sent to lawyers in Wisconsin. Also, speaking generally as a lawyer (in Oregon), it sounds like the type of problem you really need to discuss face to face with a lawyer in an office. Justia is... View More

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