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Oregon Real Estate Law Questions & Answers
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... 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 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... View 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... View 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... 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

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
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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... View 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... View 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... View 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
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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... View 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... View More

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... View More

Joanne Reisman
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... View More

Joanne Reisman
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
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... View 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... View More

Gregory L Abbott
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... View 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
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... View 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... 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

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
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
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... View 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
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... View More

Gregory L Abbott
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... View More

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