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Oregon Real Estate Law Questions & Answers
2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and White Collar Crime for Oregon on
Q: How do I sue my mother in law for my father's property?

She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.

My father told us girls that we would get his property when he passed away.

She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: After filing chapter 7 in December of 2009, is there a statute of limitations on a 2nd that wasn't dismissed?

Didn't know about this loan until we tried to refi....thanks

Timothy Denison
Timothy Denison answered on Aug 1, 2020

No. You can reopen and add the second as long as it was incurred prepetition.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a tenant gets served a 60 days to vacate, do they still pay rent for that 60 days.
Gregory L Abbott
Gregory L Abbott answered on Jul 27, 2020

Yes, a tenant owes rent for everyday they are in possession of the premises.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: I am getting a divorce. The house belongs to her but is being transferred to me. How does this work?

If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: How do i get property in my name with the title owner deceased
Vincent Gallo
Vincent Gallo answered on Jun 14, 2020

You would need to prove your entitlement to the real estate.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received my lease renewal offer / notice, I live in Oregon. It only includes the amount of rent and states that the

utilities will go to a "ratio Utility Billing System" so the notice shows no charge amount for the water/sewage/garbage. Is this legal? I don't know what my cost would be

Gregory L Abbott
Gregory L Abbott answered on Jun 8, 2020

It is legal for a landlord to bill back their tenants for utilities that the landlord pays in a lump sum, such as water, sewer, and trash in many/most apartment complexes. BUT there are a slew of regulations that the landlord must comply with in doing so, including providing the information in a... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: I own property as joint tenants in common. There are 3 owners. One of the owners has a federal tax liens on the property

We are going to sell the property, the partners share of the proceeds will not cover the liens. Can the IRS take the rest out of the others portion or are they limited to the partners share with the liens

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

Each Tenant In Common owns an undivided interest in the property. The IRS is the priority lien holder on the whole property. The Tax Lien does need to be examined for enforceability (SOL, Taxpayer's Name, Tax Debt Due, possible Tax Court Case, etc.). You all might try an Offer In... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My landlord is trying to have me sign another year lease. Am I required to sign during this uncertain time?

The lease would go from 5/31/2020 to 6/1/2021. I am nervous to sign because of all the economic uncertainty.

Gregory L Abbott
Gregory L Abbott answered on May 13, 2020

You are never required to sign any document, let alone a year long lease. However, if you elect not to, you may subject to whatever termination procedures are listed in your current lease. Different leases handle the topic differently - some just expire on the termination date, you are expected... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have lived in the same apartment for 8 years. They just sold it and I wanted to know if new owners can raise my rent

My rent was raised 4 months ago

Gregory L Abbott
Gregory L Abbott answered on May 12, 2020

If you are on a month-to-month tenancy, then yes, new owner can raise rent with at least 90 days prior written notice as long as they don't raise it more than a total of 9.9% over what it was 12 months ago.

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: My spouse was awarded house in decree but owes a buyout. He no longer wants the house nor to do the buyout.

Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 12, 2020

Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Can relators show houses while tenants still live in the home during covid-19 in the state of Oregon ?

I have lived in the same rental home for going on 6 years now in the state of Oregon.

Recently I was notified that the property owner “landlord” is selling the home in which I rent.

My landlord has had relators and photographers come into the home while taking no precautions... Read more »

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

A landlord has to provide at least 24 hrs notice of intent to enter, be it to show to prospective buyers or any other non true emergency reason. The tenant is free to simply say no. If the landlord enters anyway, the tenant may be entitled to recover a month's rent in damages and/or a court... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Our landlord just told us he's not renewing our lease and we have 2 months to get out. Is that legal right now?

Our lease expires July 1st, and he just sent us an email 3 days ago saying that he's not going to be renewing our lease and he expects us to be out by the date of expiration. We have been living here for 3 years, he does not live on the premises and as far as I know, this is the only property... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2020

IF you have been there for more than a year, then the landlord MUST provide you at least 90 days advanced written notice that they do not intend to renew your lease and then only for a statutorily permitted reason. It sounds as if you have not gotten at least 90 days advanced notice; any... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: On april 17th I got a text message from my landlord saying the house we live in has sold, and gave us 60 day notice

Is this legal. Do we really have to move out through a text message eviction?

Gregory L Abbott
Gregory L Abbott answered on Apr 20, 2020

First, no, any sort of valid termination of tenancy notice has to be in writing (as in on paper), contain all the mandatory information and be lawfully served. Depending upon the exact details, you may be owed at least 90 days advanced written notice.

On top of this, it currently is not...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord has put up a for sale sign in the yard and want to show the house tomorrow. Are they allowed to do this?

I’m asking primarily because of covid-19 and we have been sick (untested).

Gregory L Abbott
Gregory L Abbott answered on Apr 17, 2020

Sure they can as long as they give you at least 24 hrs advanced notice before entering. You, however, are also free to say "no, please do not enter" and they have to respect that. Any tenant can always refuse entry to a landlord (or anyone else except police with a warrant) by simply... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Issues with putting in maintenance orders and company marking them as complete without doing anything.

What are my options? We have two months left on the lease. We have had to put multiple orders in for the same thing and we are told by the owner that he did not know and the rental company is telling us that the owner didnt want to fix it. The major complaint is the back deck is rotting away and... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 16, 2020

First, be sure you have documented everything - the habitability violations and your requests for maintenance and yes, document EVERY request you have made (and put future maintenance requests in writing). Try calling your city building code inspectors to see whether they will come inspect and... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can anyone demand payment for anything from me if I have a living estate.

The next of kin whom recieves the property upon my death is demanding payment from me for my kids living here

Joanne Reisman
Joanne Reisman answered on Apr 4, 2020

First of all I have never heard of a living estate. Maybe you mean a revocable living trust? If that's what you mean putting you property into your own revocable living trust doesn't make your property unavailable to your creditors, least of all your obligation to pay child support.... Read more »

3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 2, 2020

That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: As a buyer can I be sued by a seller (in bankruptcy and already has court approval to sell home) if I breech contract?

Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... Read more »

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1 Answer | Asked in Real Estate Law for Oregon on
Q: My sister's husband died he was the only one on the title and the loan of the house. She doesn't know what she is to do
Joanne Reisman
Joanne Reisman answered on Mar 14, 2020

She needs to talk to a lawyer who can help her figure out if she inherited the house either because of Oregon's intestacy laws if the husband didn't have a Will or because the Husband did have a Will. If there were no step children by the husband and he didn't have a Will, the... Read more »

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