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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a no cause eviction in Medford Oregon on April 6, after the moritorium, because my landlord decided to sell.

Lived in home for three years, never late in rent and experiencing serious harassment, bombarded with harsh texts and emails because I am expressing my distaste for having company during the stay home order.

Despite my reservations, the first open house was scheduled for April 4 after me... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 28, 2020

First and foremost, you need to understand that just because a landlord gives you a 24 hr notice that they intend to enter for any reason, you DO NOT have to allow it. Simply tell the landlord no. It is intended to be a mutually negotiated process - the landlord proposes a date/time to enter and... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Sexual Harassment for Oregon on
Q: Can my landlord come stay at my rental property? I take this as a threat.

I do not have a written lease, only verbal. I told my friend/landlord about a guy I was seeing. Shortly thereafter my landlord showed up unwarranted and stayed in a garden shed, told me I lost his trust, made hideous sexual references, threatened to kick me out. A few tough weeks followed, I’d... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 28, 2020

The exact details here make all the difference - which is why it is ALWAYS a good idea to only rent pursuant to a written lease. One main issue for you is likely to be what exactly it is that you rented. A written rental agreement specifies that. Here, IF the landlord can make an... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do you have to give eviction notice to a house guest of over 3 years that has not paid any kind of money?

The owner of the home is elderly, having only a couple weeks to live. The owners children will take possession of the home when the owner passes, will the children become the house guests landlord? Do the children have to follow the landlord laws and do they have to follow Oregon eviction laws?... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2020

The first question is whether there is any sort of landlord-tenant relationship between the "guest" and the home owner. If there is, then yes, all landlord-tenant laws apply. If however, the guest has never paid rent and never agreed to pay rent or to otherwise provide service in lieu of rent for... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: This is a follow up question. We signed a 1 year lease that is up in July. We just received a 30 notice.

The document is an Oregon end of Tenancy notice. I think they may have back dated it to get around the Moratorium that the Governor put in place. The document is dated 3-30-20. The 30 day notice is for 5-31-20. and we received it on 4-23-20. Is there anything we can do?

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2020

You don't say HOW you received it. The date on the Notice does not matter - what matters is when it was served to you. It could only have lawfully been served to you, assuming it is otherwise a lawful notice with the required information, by personally handing it to you (that would then be the... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: Is it crime for a convicted felon to own black powder/muzzle loaded firearms/Antique firearm in the state of oregon
Shawn A Kollie
Shawn A Kollie answered on Apr 27, 2020

No. A black powder or muzzle-loader is considered a 'firearm' under Oregon law. Unlike federal law, Oregon views these types of 'antique firearms' the same as any other firearm. They do not differentiate between these types of firearms. You would have to have your rights restored under 166.274,... Read more »

3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

Please repost your question with the amount of the check. It makes a difference.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We signed a 1 year lease which is up in July. We just received a 30 day no reason eviction. Can they do this and is it

Enforceable during the state of Oregon moratorium? We know the person who owned the rental and he says that by law he can not do anything about it. Is this true? The owner worked out a payment plan for the deposit with us. He was going to pay the deposit and we would pay him back. The management... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 25, 2020

Management companies work for owners so I am not understanding your posting in general. Owners are not required to take security deposits. Regardless, if it is a no cause termination notice it cannot currently be legally issued to you and should be unenforceable as well as it's issuance being a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am 20 years old and I live with my mom in Oregon. She kicks me out a lot. Is there a law about the days I have to move

I’m just concerned because I’m tired of having to deal with getting kicked out my own home with my little sister an my dog, an she kicks me out over jusy crap, an I leave an come back couple weeks later, she kicked me out last summer when I was 19 and I know at 18 you’re an adult but... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 25, 2020

I am not quite clear what you are asking regarding your now being on a lease. IF there is a landlord-tenant relationship between you (regardless of whether the landlord also has another form of relationship with you - parent, lover, friend, etc.), then only the landlord has the right to try to... 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 they... 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 "notice"... Read more »

2 Answers | Asked in Car Accidents for Oregon on
Q: My wife just got in a accident with my 2 month old son in the car with a unlicensed driver who was only 15.

Our cars breaks didn't react fast enough to stop and they t-boned the car on the side my son was sitting. Everyone is fine, besides for bumps and bruises. I'm wondering what to do beyond filing with insurance, which has already been done? And what to expect?

Virgil Royer
Virgil Royer answered on Apr 23, 2020

I am very sorry this accident happened to your family. I am glad everyone seems fine--except for bumps and bruises. It is difficult to tell from this question who might be at-fault. If the brakes were not working due to failure to fix them, knowing they were in need of repair, that could be an... Read more »

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2 Answers | Asked in Bankruptcy, Banking and Business Law for Oregon on
Q: small business, been forced to close, got a business line of credit, with personal guarantee to help, what if fails

If the business ends up failing and I have to file Bankruptcy will this new line of credit be able to be included in BK?

Timothy Denison
Timothy Denison answered on Apr 22, 2020

Yes.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent a room from my landlord and her boyfriend everyday and nite they figh violantly breaking everything in there path

Because of the virus I am stuck with them the police have been called the city took over the house and boarded up the windows for 3 months I lost everything leaving me homeless they opened the house up to us a 6 weeks ago and the behavior is worst off I need help the police can't do much because... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 21, 2020

It is not clear why the City "took over the house" or why you "lost everything" and were left homeless or particularly why you would return to such an environment after having been removed. Nor is it clear why the virus situation means you "are stuck with them". The Governor's Order bans... Read more »

1 Answer | Asked in Tax Law, Family Law and Child Support for Oregon on
Q: My spouse claimed me and our two kids on taxes and stimulus payment then moved and kept all of our money. Is this legal?

He waited till he got all the money in his bank and moved in with his new girlfriend. Has not provided anything for me or house or children.

Joanne Reisman
Joanne Reisman answered on Apr 21, 2020

Not sure I understand everything that is going on and you will probably have to have a one on one with a lawyer at some point to sort this out. Courts are pretty much close right now so you won't get a hearing any time soon to order him to pay support but the child support offices are probably... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Q2: Of my landlords just cause 90 day notice to vacate for renovations..I received your response thank you for that.

I received your response thank you for that. I got the notice posted and mailed 01/24/20 5:30pm & need to be out 04/27/20 by 11:59pm, even though it was before the state of emergency was called do I still have rights? Right now as we speak I’m being tested for the virus due to becoming very sick... Read more »

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

Relax - the Governor has banned enforcing any evictions until at least after June 20, with that date subject to change as the pandemic develops. After that, it is currently unclear how the courts will treat tenants in your situation, though since there are at least hundreds of them across the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is trying to compel me to find work (temporarily laid off) during the pandemic. Is this menacing?

My husband and I are both temporarily laid off due to Covid-19 and will be rehired when our employers reopen. Rent is late until we receive unemployment benefits/ stimulus. My landlord sent a text message to my husband (at 11pm) saying that she found him a job. This has caused me a great amount of... Read more »

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

Simply thank her for her efforts but tell her you have made your own plans. Then ignore her and any further intrusions.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I recieved a 90 day no cause evextion and then 2 days later the Corona virus hit and I haven't been able to work

Do I still have to be out in 90

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

You don't say where in Oregon you are; nor the permitted reason for the termination of your tenancy; nor the date you were served. All could arguably make a difference. That said, no one can be kicked out by the court until after June 20 per the Governor's Order (with the date subject to change... Read more »

1 Answer | Asked in Trademark for Oregon on
Q: If someone is using a name on etsy without a business setup, will that prevent our trademark from being approved?

(US Trademark)

Evelyn Suero
Evelyn Suero answered on Apr 20, 2020

Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark examiner, and... 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...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do you have to pay full rent for the final month of mtm rental if 30 day notice is given in the middle of the month.

I have a month to month rent situation. No contract. I pay rent on the 1st of the month. If I give 30 days notice on the 15th of May, do I have to pay full rent on the 1st of June?

Gregory L Abbott
Gregory L Abbott answered on Apr 19, 2020

No, if you provide a valid and enforceable notice of termination, you only need to pay rent through that last day. In this case, that would mean you need only pay June rent on a pro-rated basis (presumably through June 14 if served on May 15 and is for exactly 30 days).

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon and my landlord gave me a 90 day just cause termination for “renovations”.

Since Covid-19 is a pandemic around the world right now and I have lost money only working part time,can he do this? I feel he’s using it as an excuse since I have been unable to pay the fines from HOA? Since there’s no place to go in Oregon as far as rental goes??

Gregory L Abbott
Gregory L Abbott answered on Apr 19, 2020

IF it is a 90 day notice, for doing renovations, it is a no cause notice and if it was served to you anytime in April, it is both unlawful and unenforceable. No such notice can be given between April 1st and June 20, with the ending date being subject to change as the pandemic effects become... Read more »

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