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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I paid my rent through my banks online bill pay. The checked was mailed by bank on 8/37. I checked online around1st t

Make sure all gd. On 8th they taped eviction notice on my porch. I walked a new check next door that day. I provided them with proof of bank mailing. They want me to pay them a late fee of $100 under these circumstances. Is that legal. I’m also a landlord and I always text to let tenants... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 18, 2021

Unfortunately, the burden is on the tenant to see that the rent is paid on time. It is also the tenant's choice as to how to convey that payment to the landlord. This means that while you relied upon the bank and the postal service, they apparently let you down and your rent was late (did it... Read more »

2 Answers | Asked in Copyright for Oregon on
Q: Is a piece of folk art, created in 1831, owned by a museum, in the public domain for the purposes of creating a likenes

The museum acquired the piece in 1941 and declares that the website image is in the public domain with no restriction on use. The item is a cross stitch sampler. I want to create and copyright a pattern for others to use to recreate the sampler. I intend to profit from my use of the likeness of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 17, 2021

Depends. You should consult with an attorney and make sure you understand the terms and conditions of the museum.

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: We are renting a house in Medford. Is our landlord required to mask before entering. We have at risk people. Thank you

Any law to point to or information that helps would be great. We are fine with them entering to inspect but we want to be safe.

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2021

I know of no law that requires a landlord to wear a mask while entering your home. That said, you absolutely have a right to require him and all with him to do so as a condition of entry during Covid times. I do not believe any Judge would consider that to be unreasonable and as Ms. Goodman... Read more »

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: We are renting a house in Medford. Is our landlord required to mask before entering. We have at risk people. Thank you

Any law to point to or information that helps would be great. We are fine with them entering to inspect but we want to be safe.

Katherine Goodman
Katherine Goodman answered on Oct 15, 2021

Yes, you can ask that your landlord wear a mask to complete the inspection of the property. Please note that your landlord has a right to access the property as long as a landlord does not abuse the right of access or use it to harass you. Please note as a tenant you cannot unreasonably withhold... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: IF RENT IS A MONTH TO MONTH TENANCY, IS LANDLORD REQUIRED TO NOTIFY TENANT 90 DAYS PRIOR TO EFFECTIVE DATE OF INCREASE?

MULTNOMAH COUNTY, OREGON--OCTOBER 14, 2021

Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2021

A landlord may not raise rent during the first 12 months of occupancy. Thereafter they can raise rent in a month to month tenancy with at least 90 days prior written notice that contains all the legally required information; that is lawfully served upon the tenant; and which does not exceed the... Read more »

2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Theressa Hollis
Theressa Hollis answered on Oct 14, 2021

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord breaches a contract with terms and conditions what can I do?

I have discussed the issues concerning 5 violations by the adjoining unit for 5 months now. I have been here for 16 years as a tenant and fully obligated by my signature and the manager that the rental agreement is followed and fair treatment to both parties.

Thank you

Gregory L Abbott
Gregory L Abbott answered on Oct 13, 2021

It sounds as if the alleged breach is between your landlord and neighbors. If so, you have little to say about it since it is not your contract with the landlord that is being breached.

2 Answers | Asked in Car Accidents for Oregon on
Q: Where to find an attorney for hit and run motor vehicle accident?

Type of accident: Hit & run (documented in police report)

Driver (victim): Oregon resident

Accident location: Idaho (twenty miles from Oregon border, on westbound side of highway)

Policy: Vermont, major insurer

Coverage: Uninsured motorist

Where should... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 13, 2021

If you and the at-fault driver are residents of Oregon, then you have the option of filing suit in Oregon or Idaho. In Oregon, you would have to file suit in the county in which the at-fault driver resides or the insurer conducts business. If the insurer conducts business in ID and OR, which is... Read more »

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1 Answer | Asked in Banking for Oregon on
Q: I am being sued by Bank Of America over a an account from 2004 because of law that was signed by President Trump ?

I was notified by ??? to contact lawyer office as they were intending to sue me to see if arrangements could b agreed on

I did, spoke with a mediator he offered to drop the fees (7500+) n return to original balance ($2614) if I paid $100 yesterday n contract for balance at $150 a month. I... Read more »

TeAnna Rice
TeAnna Rice answered on Oct 13, 2021

I would reach out to an attorney on your behalf to determine whether this is a scam, as it sounds like such.

1 Answer | Asked in Employment Discrimination and Landlord - Tenant for Oregon on
Q: Is there a type of attorney that can file discrimination/harassment for employment and landlord/tenant?

We live and work at the same place, I would like to have one attorney handle both cases

TeAnna Rice
TeAnna Rice answered on Oct 13, 2021

There are attorneys out there who do both, however, you are more likely to find a law firm with attorneys who do both and can work collectively on your case.

1 Answer | Asked in Probate for Oregon on
Q: Okay my aunt forged my grandfather's will and is taking the estate from me and my sisters

She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 12, 2021

I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:

https://lasoregon.org/locations/

I...
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1 Answer | Asked in Criminal Law for Oregon on
Q: Would it be legal to make and sell manipulated images of US currency as NFTs?

The images would be color, one-sided, based on real denominations, without the treasury seal included. The manipulation would consist of expanding the bill into a large square and including added pictures. There is no intent to print them or pass them as real. Thank you.

Gabriel A Watson
Gabriel A Watson answered on Oct 11, 2021

This could get tricky and run anyone down a number of legal rabbit holes. But all things being equal, if you were doing this as art, and not passing the manipulations (for lack of a better term) as currency or counterfeit...I don't think you'd be in trouble for what you're proposing.... Read more »

2 Answers | Asked in Employment Law for Oregon on
Q: My employer is not paying out my PTO because they are saying since I called in sick during my 30 day notice.

My employer is not paying my PTO because they say that I was “not fulfilling my work duties” since I called out sick one day during my 30 day notice. Are they able to do this?

They are not paying for the sick day, which is noted in the handbook since I called out during my 30 day... Read more »

TeAnna Rice
TeAnna Rice answered on Oct 11, 2021

Are they not paying your PTO for the day that you were sick, or are they not paying out the balance of your PTO upon your termination? If they are not allowing you to use your PTO for the day you were sick, you could have a wage claim for those missing wages, assuming you qualify under Oregon Sick... Read more »

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2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Gabriel A Watson
Gabriel A Watson answered on Oct 11, 2021

I agree with what others have answered to this question. It is very unlikely that you have a claim against the renter or that most ethical attorneys would be willing to pursue such a claim. This doesn't mean there is no chance whatsoever that your stay at the rental caused your COVID, but from... Read more »

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3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If I paid rent for July does the landlord have to wait until Aug 1st to serve me a 90 day eviction notice or start it
Gregory L Abbott
Gregory L Abbott answered on Oct 8, 2021

No, rent is pro-rated daily in Oregon and a landlord is free to issue a notice anytime he wishes.

1 Answer | Asked in Small Claims for Oregon on
Q: Im representing myself, How do you ask for extended time to answer
Gregory L Abbott
Gregory L Abbott answered on Oct 7, 2021

Everyone represents themselves in small claims court. You have to file an Appearance within the 14 days or face a default. You can file a motion asking for more time to answer, explaining why you need it. You best have a good reason or the Judge is not likely to grant it and you will start off... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Is there a statue of limitations in Oregon regarding civil suit?

Specifically in Umatilla Co.

Gregory L Abbott
Gregory L Abbott answered on Oct 6, 2021

Yes. What it is depends upon the nature of the civil suit or perhaps what claims are elected to be made - i.e. some events may give rise to more than one way of claiming damages and each may have a different statute of limitations.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oregon on
Q: My boyfriend and I own a home. I put up the money for it. We are splitting. Do I have any rights to the money or home

I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.

Vincent J. Bernabei
Vincent J. Bernabei 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...
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1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Oregon on
Q: Is it possible to have a court proceeding pertaining to me and me not know?
Tim Akpinar
Tim Akpinar answered on Oct 6, 2021

An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... Read more »

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