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Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a 10 day no cause eviction notice. LL locked me out of the house. Landlord then packed up

The remainder of my belongings and requested i come get my stuff and remove it from her property. I still have 5days left and inwas given a 24hr notice

Gregory L Abbott
Gregory L Abbott answered on Jan 6, 2020

Assuming you are referring to residential landlord-tenant in Oregon, there IS no such thing as a 10 day no cause termination of tenancy notice - you are entitled to 90 days prior written notice and even then only for a permissible reason. Locking you out is not lawful and likely entitles you to... 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 »

2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: My sister is 1 of the trustees to our dads living trust which has 3 beneficiaries, myself, my brother &sister (trustee).

When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was married but had... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 6, 2020

It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine... Read more »

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1 Answer | Asked in Criminal Law for Oregon on
Q: Can an attorney file papers for a Motion to Set Aside for you for free if they were the original attorney?

I had a friend who wanted a conviction off his record. I went with him to speak to an attorney I recommended. At one point the attorney told my friend he could go back to the original attorney that represented him on the case that resulted in the conviction and that attorney would do the Motion to... Read more »

Shawn A Kollie
Shawn A Kollie answered on Jan 6, 2020

It is almost never free to set aside cases. It can cost anywhere from $700-$800 for the attorneys fees. Its a fairly simplistic process. You do not have to, and most folks do not go back to the original attorney who handled the case.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My tenants one year lease is up in May. If I raise the rent 9.8% (meaning under the limit) and they choose not to renew

If they choose not to renew their lease, do I need to pay the relocation fee?

Katherine Goodman
Katherine Goodman answered on Jan 6, 2020

IF this is a lease for an Oregon rental premises, you are required to submit the proposed new rental agreement to your tenant at least 60 days prior to the ending date of the term. If they chose not to continue the lease at the end of the term, no you do not have to pay a relocation fee. IF this is... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: I'm in oregon Does an argument constitute as a hostile living environment?

So my wife came in and demanded our kids car seats. She was taking the girls but likes to inform me at the moment she leaves instead of talking about it ahead of time so we both know. I said why where are you going? She said that's none of your business she then got pissy and said go get the damn... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 6, 2020

You are describing a domestic argument with your spouse not a legal question. Sounds like your marriage could benefit from marriage counseling. If you and your wife end up getting a divorce, then you will have legal issues and you will need to contact a lawyer.

2 Answers | Asked in Probate for Oregon on
Q: In Oregon when a descendant dies with a pension, but was never married or had kids, is it possible for the affiant to

collect the pension to help with the descendants debts? The affiant filed a small estate affidavit and is a benificary listed in will, but is not blood related. Thank you for any help

Nina Whitehurst
Nina Whitehurst answered on Jan 5, 2020

First you need to determine whether the pension had a survivor benefit. Usually a pension ends upon death unless the pensioner elected a survivor benefit in exchange for a lower monthly benefit. If that election was made then the designated survivor beneficiary can collect the pension by providing... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I was served a motion to modify my divorce papers and child support from my ex in the state of Maine. I live in Oregon

I need to respond but not sure if I can go through my local county court office or if I have to file online or over the phone with the court in Maine? I’d like to consult with a family lawyer.

Joanne Reisman
Joanne Reisman answered on Jan 4, 2020

Look at the paperwork. If it is all related to a proceeding in Maine then you have to respond in the court in Maine. But if it is Oregon assisting a child support case from Maine then you may be able to respond in Oregon, most likely asking for an administrative hearing. The paperwork should... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do you still fall under tenant laws if there was never a lease or rental agreement? Lived in house for two years. Oregon

It's family. They decided to move to Texas and agreed to let us stay here until the house sold. 4 months and no sale but they want us out asap. Just need to know my rights as a tenant and how much notice they will have to give if we can't come to an arrangement. Thanks.

Gregory L Abbott
Gregory L Abbott answered on Jan 3, 2020

No rental agreement? Don't pay rent? Not likely to be a landlord-tenant relationship between you and them. IF no landlord-tenant relationship, likely means landlord-tenant laws do not apply. So you maybe able to be ejected but likely not evicted. An ejection can be filed without giving you any... Read more »

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1 Answer | Asked in Divorce for Oregon on
Q: So responded to a petition for dissolution of marriage I got my daughter's birth years wrong.

Can I make a quick fix do I have to have it amended?

Joanne Reisman
Joanne Reisman answered on Jan 3, 2020

It says that you are in Seattle. Is this case in Oregon or Washington? Is the other side represented by counsel? The technical way to do this in Oregon Courts is to file an amended version after getting permission to the other side. But frankly, although not technically correct, I don't think... Read more »

1 Answer | Asked in Probate for Oregon on
Q: In umatilla county Oregon how to get personal property from persons when affidavit has already been filed.

I am the affiant to a small estate affidavit. a person took possession of personal property of the estate that I need back to settle debts, the affidavit has already been filed without the list of these assets. So do I have to file an amended affidavit. With these items listed in order to get them... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 3, 2020

As the affiant you have the right to collect the personal property whether or not it was listed in the affidavit. That said, you may want to file an amended affidavit if the property is real estate and specifically describe the real estate with a legal description as this will help you take... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 3 strikes 90 day eviction. Do I still have to pay rent for those 90 days?
Gregory L Abbott
Gregory L Abbott answered on Jan 2, 2020

I am unclear what a 3 strike 90 day eviction is (generally 90 day notices are for no-cause termination notices), but regardless, a tenant always owes rent for every day they are in possession of the premises and additionally for any additional days required by a notice of termination of the... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Interstate Child Custody?

I'm a single mother of 1 year old twins. The father of the twins has done nothing to provide for his sons, never even texted to see how they're doing, and has only seen them about twice since their birth. I recently got the packet for child custody, however, I've heard that things work differently... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 2, 2020

First of all you can go to the district Attorney in the county you live in and ask them to establish child support. They will do this for free. You can also file for child custody in the Oregon County you live in. You will just have to serve the papers on the father in California. Assuming that... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: My landlord took away my ability to shower / bath with hot water, because I smoked near a window.

This has been resolved. Thank you for your time.

Katherine Goodman
Katherine Goodman answered on Jan 2, 2020

It sounds like your landlord has failed to maintain your premises in habitable condition as required under Oregon Law and if your landlord has done this you can give written notice to your landlord specifying the breach and you may seek substitute services, diminution in rent damages or substitute... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My Mother died had no will. One sister States she is “in charge” giving her access to the house/car.What should I do?

I do not believe she has any documents

Joanne Reisman
Joanne Reisman answered on Dec 29, 2019

This was posted as an Oregon Law question so my answer pertains to Oregon Law: There is no document that gives someone control over an estate when there is no will. She is probably talking about a Power of Attorney but the Power of Attorney is extinguished when the principle dies. There are Oregon... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father has never paid child support does he have parental rights with no court order?

My son is two his father has never paid his child support and is now trying to get back in our lives. I believe this to be harmful to my son. Does he still have his rights?

Joanne Reisman
Joanne Reisman answered on Dec 29, 2019

Yes, he has the right to Petition the court to get visitation with his child. As part of any court order allowing visitation the court will also order child support. If you already have a child support order and he has not been paying, you can go to the local district Attorney and ask them to... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: In oregon, how do we do the parental time if I will be moving out but can only afford to rent a room not an apartment

so I couldn't have the kids overnight until I can later find a suitable place to do that in the future. When I find a suitable I want them to stay with me perhaps 35 percent or so of the total time.

Joanne Reisman
Joanne Reisman answered on Dec 28, 2019

Try to find a situation where you can have the children overnight if possible. If you parents live nearby and have a larger home perhaps they would host your weekends with your children and you would all visit your parents. The rest of the time you would stay at your rented room. Or look for a... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: My Mother died with no will my sister stated to the sheriff she had documents giving her control but has failed to prove
Nina Whitehurst
Nina Whitehurst answered on Dec 27, 2019

You might not get any answers because you have not asked a question. Try posting again but next time ask your question.

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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 Animal / Dog Law for Oregon on
Q: an animal shelter lied and said I had two weeks to claim my animals instead they became their property in 78 hours

The shelter adopted out My ferrets within a week and they neutered my registered service dog in 78 hours. the cops has recorded body cam audio of the promise of two weeks and also the dash cam was on and I believe it caught it also and I had a witness in the police car with me that heard them say... Read more »

Katherine Goodman
Katherine Goodman answered on Dec 27, 2019

IF this happened in Oregon, when an animal is found and held in a shelter and when the owner is known the Shelter are required to give you notice 5 days before adoption, if you do not show after five days the animals can be adopted out.

If you service dog was neutered in Oregon, you may...
Read more »

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