I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »
answered on Jun 17, 2022
To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »
We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... Read more »
answered on Jun 14, 2022
You will have to hire a competent OR attorney to file an eviction proceeding.
answered on May 24, 2022
If your son is trespassing on the property, you should call your local police department. However, you may need to consult a local landlord tenant or real property attorney to assist with ejectment. It sounds like you do not have a lease agreement with you, but there are a lot of facts that could... Read more »
I've asked him to trim them he said No, but I can trim what grows onto my property. I have to pay a landscaping company, how is this fair?
The fence is in terrible condition because of his overgrowth, replacing the fence will cost me thousands and the problem will still persist. What... Read more »
answered on May 20, 2022
There are a lot of facts that could change the answer to your question such as if the fence is on your property or your neighbors, do you and your neighbor have an easement agreement, and/or your properties apart of an HOA committee. You should contact a local real estate firm to discuss your... Read more »
I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... Read more »
answered on Apr 11, 2022
I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.
It was during the holidays and we were forced to put a hotel on and meals on our credit card. Recently the insurance company agreed to pay for all but 20 dollars a day for our meal expenses. The entire situation really put us in a bad spot and now the insurance company for the construction company... Read more »
answered on Mar 29, 2022
If you have not contacted your landlord about reimbursement of the unpaid bills you can contact them as the landlord's insurance should pay for those as well. Additionally, as you are a renter you can contact a local landlord tenant attorney for advice on how to handle the request for... Read more »
The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... Read more »
answered on Mar 15, 2022
It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... Read more »
My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... Read more »
answered on Jan 31, 2022
If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.
In the State of Oregon
answered on Jan 11, 2022
Without knowing more facts about the property, what your share of the property, and the terms of the agreement that you and the other owners entered into, it is unlikely. If you not have had a real estate attorney review the contract, agreement, you have with the other owners you should do so... Read more »
We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... Read more »
answered on Jan 7, 2022
You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.
My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »
answered on Nov 30, 2021
In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »
I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... Read more »
answered on Nov 19, 2021
It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... Read more »
The title of the property was free and clear when it was bought. Negotiating with this neighbor doesn't seem to be an option.
answered on Oct 29, 2021
You will have to hire a competent OR attorney who engages in real property litigation. Your argument is that the boundary has long been acquiesced by all adjoining landowners for a long time. The suit will be a boundary dispute, which is basically a declaratory judgment action. You will need... Read more »
I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.
answered on Oct 6, 2021
When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”
You... Read more »
answered on Oct 4, 2021
Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... Read more »
He was told this by the relastate company representative handling the property.
answered on Sep 27, 2021
The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... Read more »
answered on Aug 30, 2021
It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.
I received a notice that my rent was going to be increased on April 30th. I signed a new lease for an entire year. The amount that is stated on the lease is $1,378. Since April they have been billing me $1,462. I called and left them a voicemail yesterday letting them know that they're billing... Read more »
answered on Aug 12, 2021
If you have a valid fixed term lease, they are stuck and cannot raise your tent until it expires unless there is an unusual clause in your lease allowing for it or unless you voluntarily agree to modify or replace the lease - and why would you?
We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... Read more »
answered on Jul 25, 2021
Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.
If he holds onto the property, either as a... Read more »
My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »
answered on Jul 7, 2021
It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.
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