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

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

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

Joanne Reisman
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
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... View More

Joanne Reisman
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... View 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
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
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
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... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can I sue my neighbors for property damage due to their storm water running directly into my yard - lack of gutters

Their gutters are disconnected from their drain line to the streets. Because their yard is mostly paved, and the other part is covered with a tarp, their runoff flows directly into my yard causing significant flooding. I have been told I need a french drain due to the flooding, but I believe it is... View More

Joanne Reisman
Joanne Reisman
answered on Apr 9, 2019

I don't know about Eugene but here in Portland the city gives homeowners a break if they disconnect their rain gutters from the storm drains and allow the water to instead percolate into the soil. This of course assumes that the rainwater has a way to soak into the soil. You can contact the... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can doctrine of practical location be used to set boundary between lots owned by same person until 2 yrs ago?

Mother-in-law purchased property with apparent boundary but granddaughter of man who used to own that and adjoining lots and who now owns the other two had a survey done and now says part of house built in 1940 is on her land. She immediately cleared hedge that had been assumed line and planted... View More

Joanne Reisman
Joanne Reisman
answered on Apr 8, 2019

Your mother in law was sold the property described in the deed. She should hire her own surveyor to survey the property and interpret the legal description of her deed. Then she should consult with her own Attorney and try to figure out what Oregon real estate laws would help her resolve the... View More

2 Answers | Asked in Contracts and Real Estate Law for Oregon on
Q: Do we legally have to deal with an individual whose name is not included in the offer to purchase our property?

I feel as though we are now part of the potential buyer's personal drama and it is very unsettling. The individual in question is apparently the legal spouse of the person who made the offer. The individual who made the offer was pre-approved for a home loan in his name only. Must we... View More

Daniel DiCicco
Daniel DiCicco
answered on Mar 30, 2019

Just go through your agent and don’t deal with them directly. You only have to allow them an inspection once under a typical contract. Refer all inquiries to your agent and you’ll be good. If you are not represented then only deal with their agent.

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1 Answer | Asked in Real Estate Law for Oregon on
Q: In Oregon, if the current rent is well below market, is the landlord limited to a 7%-plus-inflation annual increase?

This question pertains to the new rent control law.

Daniel DiCicco
Daniel DiCicco
answered on Mar 5, 2019

This year, Landlords can raise rents by 10.3%, which is the 7% plus a consumer price index-derived amount.

Read this article for details:

https://www.statesmanjournal.com/story/news/2019/02/28/what-tenants-landlords-need-know-oregons-rent-control-law/3010007002/

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can a homeowner lease out property that is co-owned by their deceased siblings who is an heir to without doing probate.
Greg Freeze
Greg Freeze
answered on Mar 1, 2019

The direct answer to your question is, "it happens all the time." One day, the person will want to sell the property. When that happens, the title situation will need to be cleared up.

The co-owned issue can be fixed by filing the certificates of death for the siblings with...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Are unpaid late fees cause for eviction?

I have a tenant that has been late with his rent on multiple occasions over his entire tenancy, and has never paid the entire amount of his last month's rent.

Gregory L Abbott
Gregory L Abbott
answered on Feb 27, 2019

I am not clear if your rental is in Oregon or Washington. IF in Oregon, you have options. First, you should never accept less than the full amount of rent owed or you risk waiving your right to terminate their tenancy that month for failing to pay all the rent due. As to chronic late paying, you... View More

1 Answer | Asked in Immigration Law, Real Estate Law and Tax Law for Oregon on
Q: how much money can I legally without declaring bring back to the usa from Europe
Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Feb 7, 2019

You may bring up to $10,000 in currency, coin and specific monetary instruments without reporting it to customs.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Rent increase Portland OR - landlord won't provide written notice

Landlord called Jan 2 to tell me he's raising my rent by more than 25%. He wanted to make it effective Jan 1 but, since I'd already sent out my rent check, he said he'd "do me a favor" and make it effective Feb 1. When I asked about the 90-day requirement in for rentals in... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 31, 2019

It depends upon what you want. You should just continue to pay your normal rent in a timely manner. If the landlord wants to do something about it, it will be his burden to prove that he gave you the required 90 day notice (now required statewide for rent increases). If the dwelling is within the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What do I do about the deposit a tenant paid..he's leaving and his (newer) roommate is staying.

The first tenant quit his job and hasn't found another, so he's moving out because he can't pay his rent. He didn't pay January's rent and is moving at the end of the month and would like his deposit. That leaves his roommate who didn't pay a deposit. I understand we... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 15, 2019

You simply haven't provided enough information to be able to meaningfully comment. IF both tenants are on the same rental agreement, then the deposit most likely (subject to the actual language in the rental agreement) covers both tenants and is refundable normally only when the last of the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Any precautions you'd advise in ending a six month lease with my tenant at its expiration because of planned rehab/sale?

We'd originally verbally agreed to go month-to-month once the six months were up, but am finding that they are going to be very hard to work with in coordinating repairs/rent reductions etc. Tenant was not aware that the plan was to sell the house, as I hadn't decided to do so at the time... View More

Daniel DiCicco
Daniel DiCicco
answered on Jan 2, 2019

Portland's tenant protection laws are kind of nuts right now. You can read about them here.

https://www.portlandoregon.gov/phb/74544

I believe in your situation that you need to follow the notice provisions to be exempt from paying Relocation Assistance.

See below->...
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