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Kelly M Stearns

Kelly Stearns’s Answers

29 total

  • Can I keep a tenant's deposit's if they fail to give a 30 day notice?

    The tenant moved out without giving a 30 day notice. He paid security,cleaning, and pet deposits. There is no damage done to the apartment and he is current on rent.

    Kelly’s Answer

    I agree with Gregory. You can only keep the portion of deposit covering actual damages. The amount of time the apartment goes un-rented can be considered damages due to the breach of the lease, so long as you are making reasonable efforts to re-rent the unit.

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  • How do I rescind a guardianship and conservatorship set up for my father?

    We had a guardianship and conservatorship set up when my parents moved to live with us. My father has dementia. My mother has always taken care of their finances. They have joint bank accounts, my dad's pension check is electronically deposited in...

    Kelly’s Answer

    Yes, the court will have to approve a final accounting and also your request to resign or rescind the guardianship/conservitorship. See ORS 125.230. http://www.oregonlaws.org/ors/125.230

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  • Can my former tenant sue for his security deposit if he failed to provide a forwarding address?

    My former tenant is threatening to sue for double his security deposit 5 months after moving out. He declined a verbal request for his new address on moving day, and failed to initiate contact for 4 months. As soon as he provided his address, I s...

    Kelly’s Answer

    As I understand it, if you have no forwarding address, customary practice is to send a copy of the final accounting to the rental address and allow the post office to forward the document. The facts of your interactions with the tenant my overcome this custom but I would discuss this case with counsel before acting.

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  • I am being evicted have received no court papers have been here almost 2 years. have no money to move on if I pay rent.

    landlord wants us out by this Friday have ask for copy of lease landlord cannot produce one for me

    Kelly’s Answer

    I suggest you speak with the Oregon Community Alliance of Tenants regarding your situation.

    http://oregoncat.org/

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  • If I give my landlord a 30day notice to move out can she give me a 72hr no cause eviction ?is It legal to do that?

    I gave that to her yesterday and today she is telling me I have a 72hr no cause

    Kelly’s Answer

    You question is a bit unclear. I am not aware of a 72 hour "no cause" notice in Oregon. There is a 72 hour notice for nonpayment of rent. OR a no cause 30 day notice. Is your last month rent on deposit with the landlord? or did you pay it on time?

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  • How do I get my dog back from my ex boyfriend??

    I was in a place where I couldn't have my dog, I asked my ex who I trusted to watch her for a few weeks til I could be somewhere where I could have her. He is now refusing to return her. I don't know what to do! HELP!

    Kelly’s Answer

    If you have evidence the dog is yours, such as a licence for the dog in your name, a purchase agreement, or vet bill showing you as the owner, you can contact the local animal control and/or police and request they assist you in returning your dog. You can also go to small claims court and prove ownership of the dog to a judge.

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  • Can I be evicted from my rental for using part of the rent to pay for a needed repair?

    In 2009, I moved into a 1250 sq. ft house with a brand new dishwasher included. The dishwasher was not hooked up to any electric source or water. I informed the owner of the house of the dishwasher and he said it would be taken care of by the en...

    Kelly’s Answer

    You can contact an attorney to assist you in negotiating the repair with your landlord.

    Also, It looks like you have a Fair Housing Counsel for your county that mediates issues such as these. They may be able to assist you in resolving this issue.

    http://fairhousing.net/

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  • How much time do I have to sue landlord for retaliatory eviction and can I sue my landlord?

    I have lived in my building for 6 years. I paid always rent on time and I had no complaints against me. My landlord started harassing me. Basically he would make some sexist comments to me and knock on my door for no reason. I asked him to st...

    Kelly’s Answer

    I am not licensed in California so I can't comment on the specifics of your case, but I believe the LA Department of Consumer Affairs can give you more guidance regarding your issue.

    http://www.dca.lacounty.gov/mnRenters.htm

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  • The tenant in my homes rental room is smoking against written rules - how much notice and how to keep him from damaging somethin

    tenant rents a bedroom in my house. our month to month contract says no smoking in the house and he is. - i can smell it. do i have to give him 24 hour notice to enter if i can smell it? how much notice does he get for eviction - the month to mo...

    Kelly’s Answer

    On a month to month tenancy, if the tenant has rented for less than one year, one can generally terminate the tenancy (without cause) with 30 days notice.

    From what you described, this sounds like you want to issue a notice to terminate tenancy for cause.

    Please review the ORS 90.392

    http://www.oregonlaws.org/ors/90.392

    If you feel this person may be volatile there is another ORS section dealing circumstances where one may issue a 24 hour notice.

    http://www.oregonlaws.org/ors/90.396

    I suggest you retain an attorney specializing in Landlord-Tenant Law to assist you in filing the proper notices and resolving your situation.

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  • Do I need to dissolve my practically unused Oregon LLC?

    I created an LLC in Oregon several months ago, of which I am the sole member. I deposited $200 of my personal funds into a business account. I spent $30 from this account to repair a computer I was using for my business. I didn't make any money, t...

    Kelly’s Answer

    I agree that allowing the LLC to lapse in this limited circumstance seems to be an acceptable solution for you.

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